Professor Thomas Merrill noted the development and transformation of American Administrative Law under the influence of environmental regulation. There were three features of American administrative regulation during the past: 1. Regulation as a method in distributing interests. 2. Bilateral antagonism of the regulating and the regulated. 3. Decision makers and mediators are experienced but they are not experts of the field. After 1970s, however, the awareness of the environment has risen up, changing the appearance of administrative regulation in dealing with environmental related subjects. Firstly, environmental issues emphasize on exteriorizing the inner costs, while the goal of environmental regulation is to maximize the outward results of public interests. Furthermore, as the environmental issues become globalized, causing the bilateral antagonistic regulation becomes multi-faceted. As a consequence, the regulators have regulated the category of the experienced into the level of professional experts.

During the past, administrative organization was only requested by American administrative procedure to give early notice, receive opinions, provide foundation, and elaboration of the topic on the procedural administrative regulations. However, there has been numerous information in environmental issues, it is deemed that the past procedures were no longer sufficient, suggested by civil groups and the regulated parties. There should be more disclosure from the government side, and more external voices should be elaborated. Agency involved in commencing lawsuit in administrative law has changed. During the past, there should be a clear invasion of rights for a cause of action. However, in National Environmental Policy Act, the court has given the party involved the possibility of right to sue. In the situation where the actions of the organization has impacts on the environment, there should be detailed explanation and assessment, otherwise the judiciary will involve as an intervention on government actions. During after the 1970s, environmental legislation ceased making progress and became insufficient in dealing with new environmental issues. The court then initiatively stepped in as a supplement for the inadequacy of legislation. Although the court has brought up the Chevron Doctrine, giving the administrative organization space to regulate under the circumstance of indistinct legislation. However, the concept of indistinct itself suggests that there are some rooms for court elaboration. Therefore, the intervention of the court has caused transformation on administrative regulations when dealing with environmental subjects.

Finally, Professor Merrill concluded that there is a new supervising organization, Office of Information and Regulatory Affairs (OIRA) besides courts. Professional talents are involved to review and verify administrative budgets and policies, restraining the administrative organization to be prudent on its net benefits, especially on the subject of environmental issues where proficiency is highly needed.

Slides of the presentation are available on PLES website.

Reported by PLES assistant YiLu Ko