Elgar Encyclopedia of Environmental Law
Edited by Michael Faure
- Copyright
- Foreword to the Encyclopedia
- Volume I: Climate Change Law
- Contributors
- Introduction to Volume I
- General Themes
- International Law Perspective
- National and Regional Perspectives on Reducing Greenhouse Gases
- Adaptation
- Conclusions
- Volume II: Decision Making in Environmental Law
- Editors and contributors
- Foreword to Volume II
- Introduction to Volume II
- Legal Foundations for Environmental Decision Making
- Federalism and Shared Authority
- Goals and Control Strategies
- Environmental and Regulatory Review
- Participation, Public Engagement and Access to Information
- Access to Justice/Final Decision Making
- Chapter II.27: Internal administrative appeals of governmental decisions on the environment
- Chapter II.28: Standing and related doctrines
- Chapter II.29: Judicial review of agency statutory interpretations in environmental law
- Chapter II.30: Judicial review of agency environmental decision making
- Chapter II.31: Citizen enforcement
- Chapter II.32: Public intervenors and public funding in environmental decision making
- Chapter II.33: Are international courts the best adjudicators of environmental disputes?
- Chapter II.34: Environmental courts and tribunals*
- Volume III: Biodiversity and Nature Protection Law
- Editors and contributors
- Foreword to Volume III
- Acknowledgments
- Introduction to Volume III: The research challenges of international biodiversity law
- Historical and Conceptual Background
- Principles and Approaches
- Key Themes
- Cross-cutting Issues
- Actors
- Implementation, Enforcement and Compliance
- Volume IV: Compliance and Enforcement of Environmental Law
- Editors and contributors
- Foreword to Volume IV
- Introduction to Volume IV
- Non-regulatory Approaches to Compliance
- Civil Enforcement
- Criminal Enforcement
- Special Issues in Compliance and Enforcement
- Volume V: Multilateral Environmental Treaties
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume V
- Abbreviations
- Introduction to Volume V
- Part 1: Biodiversity
- Part 2: Marine Environmental Protection
- Part 3: Shared Fresh Water Resources
- Part 4: Atmosphere
- Part 5: Hazardous Waste
- Part 6: Climate Change
- Part 7: Procedural Obligations and Procedural Human Rights
- Part 8: Natural Resources
- Part 9: Antarctic/Arctic Regions
- Volume VI: Principles of Environmental Law
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VI
- Abbreviations
- Introduction to Volume VI
- General Concepts
- The Principles, Existing and Emerging
- Geographical Differentiation of Principles
- The Principles in International Environmental Agreements
- The Principles in Court
- The Principles in International Practice
- Volume VII: Human Rights and the Environment
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors, Editorial Advisory Board and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VII
- Abbreviations
- Introduction to Volume VII: new dimensions in human rights and the environment
- Legality
- Indivisibility
- Dignity
- Geography
- Volume VIII: Policy Instruments in Environmental Law (forthcoming)
- Volume IX: Water Law (forthcoming)
- Volume X: Trade and Environmental Law (forthcoming)
- Volume XI: Chemicals and the Law (forthcoming)
- Volume XII: Energy Law and the Environment (forthcoming)
Chapter II.27: Internal administrative appeals of governmental decisions on the environment
Randolph L Hill, Michelle A Wenisch and Suzanne B Krolikowski
Encyclopedia Chapter
- Published in print:
- Oct 2016
- Category:
- Encyclopedia Chapter
- Pages:
- 371–385
- Copyright:
- © The Editor and Contributors Severally 2015
Governmental agencies resolve environmental protection questions within the confines of a country’s administrative laws and practices. The technical complexity of environmental decisions, combined with the potentially significant economic and social impacts of uncontrolled environmental harm and possibly misdirected environmental regulation, heightens the general need for mechanisms to independently review and correct errors of law and fact by initial decision makers.
This chapter outlines the process of administrative review, which is the system of public law or governmental practice that nations use to authorize internal appeals of government decisions. Such appeals are heard by non-judicial or quasi-judicial fora, located within government agencies or external to them, in specialized administrative tribunals. The chapter presents several examples of administrative review, focusing primarily on the United States and China, to demonstrate the role of such review in environmental decision making.
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Further information
or login to access all content.- Copyright
- Foreword to the Encyclopedia
- Volume I: Climate Change Law
- Contributors
- Introduction to Volume I
- General Themes
- International Law Perspective
- National and Regional Perspectives on Reducing Greenhouse Gases
- Adaptation
- Conclusions
- Volume II: Decision Making in Environmental Law
- Editors and contributors
- Foreword to Volume II
- Introduction to Volume II
- Legal Foundations for Environmental Decision Making
- Federalism and Shared Authority
- Goals and Control Strategies
- Environmental and Regulatory Review
- Participation, Public Engagement and Access to Information
- Access to Justice/Final Decision Making
- Chapter II.27: Internal administrative appeals of governmental decisions on the environment
- Chapter II.28: Standing and related doctrines
- Chapter II.29: Judicial review of agency statutory interpretations in environmental law
- Chapter II.30: Judicial review of agency environmental decision making
- Chapter II.31: Citizen enforcement
- Chapter II.32: Public intervenors and public funding in environmental decision making
- Chapter II.33: Are international courts the best adjudicators of environmental disputes?
- Chapter II.34: Environmental courts and tribunals*
- Volume III: Biodiversity and Nature Protection Law
- Editors and contributors
- Foreword to Volume III
- Acknowledgments
- Introduction to Volume III: The research challenges of international biodiversity law
- Historical and Conceptual Background
- Principles and Approaches
- Key Themes
- Cross-cutting Issues
- Actors
- Implementation, Enforcement and Compliance
- Volume IV: Compliance and Enforcement of Environmental Law
- Editors and contributors
- Foreword to Volume IV
- Introduction to Volume IV
- Non-regulatory Approaches to Compliance
- Civil Enforcement
- Criminal Enforcement
- Special Issues in Compliance and Enforcement
- Volume V: Multilateral Environmental Treaties
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume V
- Abbreviations
- Introduction to Volume V
- Part 1: Biodiversity
- Part 2: Marine Environmental Protection
- Part 3: Shared Fresh Water Resources
- Part 4: Atmosphere
- Part 5: Hazardous Waste
- Part 6: Climate Change
- Part 7: Procedural Obligations and Procedural Human Rights
- Part 8: Natural Resources
- Part 9: Antarctic/Arctic Regions
- Volume VI: Principles of Environmental Law
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VI
- Abbreviations
- Introduction to Volume VI
- General Concepts
- The Principles, Existing and Emerging
- Geographical Differentiation of Principles
- The Principles in International Environmental Agreements
- The Principles in Court
- The Principles in International Practice
- Volume VII: Human Rights and the Environment
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors, Editorial Advisory Board and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VII
- Abbreviations
- Introduction to Volume VII: new dimensions in human rights and the environment
- Legality
- Indivisibility
- Dignity
- Geography
- Volume VIII: Policy Instruments in Environmental Law (forthcoming)
- Volume IX: Water Law (forthcoming)
- Volume X: Trade and Environmental Law (forthcoming)
- Volume XI: Chemicals and the Law (forthcoming)
- Volume XII: Energy Law and the Environment (forthcoming)