Regulatory Reform Act--S. 1080: Hearing Before the Subcommittee on Regulatory Reform of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on S. 1080, May 14, 1981

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Page 1053 - minimal provisions which must be included in a notice of proposed rulemaking, such as the time and place of the rulemaking proceeding, reference to the legal authority for the rule, and either the terms or substance of the proposed rule or a description of the subjects and issues involved. S.
Page 789 - Assistant Attorney General 3/ The language of S. Ill providing that a court "shall decide de novo all relevant questions of lav.-, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terns of the agency action," is not entirely clear, and we could expect much litigation on the subject
Page 779 - 706, and substitute the following language without otherwise altering $ 706: To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of the agency action. There shall be no presumption that any rule or regulation of any agency
Page 490 - Each employer—shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.
Page 758 - Sec. 2. General Requirements. In promulgating new regulations, reviewing existing regulations, and developing legislative proposals concerning regulation, all agencies, to the extent permitted by law, shall adhere to the following requirements: "(a) Administrative decisions shall be based on adequate information concerning the need for and consequences of proposed government action;
Page 810 - hold unlawful and set aside agency action, findings, and conclusions found to be . . . arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.
Page 805 - held that when agency action is challenged, then "if any state of facts reasonably can be conceived that would sustain it, there is a presumption of the existence of that state of facts
Page 1120 - The non-deterioration regulations would add a wholly new set of standards to already existing requirements for reducing air pollution. Under present requirements in the Clean Air Act, EPA sets air pollution standards to "protect the public welfare from any known or anticipated adverse effects associated with the presence of such air pollution." The existing standards incorporate all known health effects and allow a
Page 398 - order sought to be reviewed or enforced, the findings or report on which it is based, and the pleadings, evidence and proceedings before the agency shall constitute the record on review in proceedings to review or enforce the order of an . agency." Except for certain other statutes governing specific agencies, the existing law on
Page 71 - Function National defense International affairs General science, space, and technology Natural resources, environment, and energy Agriculture Commerce and transportation Community and regional development Education, manpower, and social science Health Income security Veterans' benefits and services Law enforcement and justice General government Revenue sharing and general purpose assistance Interest Allowances Undistributed offsetting receipts Total

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