Environmental law triggered the replacement of transmission-belt with surrogate-political-process administrative law

Evidence

Indeed, learned largely by the environmental law experience, this central insight regarding the advantages and necessity of public participation in administrative lawmaking triggered a broad reformation of U.S. administrative law. Agencies came to be viewed not simply as “transmission belts” mechanically converting legislative directions into detailed, technical regulations. Under the new, reformed administrative law model, agencies such as the EPA or the Department of the Interior were responsible for “the provision of a surrogate political process to ensure the fair representation of a wide range of affected interests in the process of administrative decision.” At the very outset of the modern era of environmental law, Professor Joseph Sax claimed that environmental law’s achievements would ultimately turn on its ability to revolutionize administrative lawmaking in just this manner. The past several decades have confirmed the accuracy of his prophecy. — Richard J. Lazarus, The Making of Environmental Law, 830

Categorization

• XREF: The transmission-belt-to-surrogate-process shift is core Legal Systems doctrine the reader will reuse. — connects to: Environmental law survived the loss of presidential support through Congress, courts, and advocacy groups. — Richard J. Lazarus, The Making of Environmental Law, 372; The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. — G. Alan Tarr, Judicial Process and Judicial…, 2831

Broader Connections

• The shift from benefit-giving to conduct-regulating statutes fed litigation and judicial policymaking. #expands (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2831