The Vermont Yankee Nuclear Power Opinion: A Masterpiece of Statutory Misinterpretation

Nathanson, Nathaniel L.

Journal: San Diego Law Review

Volume: 16

First Page: 183

Year: 1979

Bluebook Citation: 16 SAN DIEGO L. REV. 183 (1979)

Author: Nathaniel L. Nathanson: all 33 publications


Abstract

This Article argues that the opinion of Mr. Justice Rehnquist, written for a unanimous Court in Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., has misinterpreted the Administrative Procedure Act by focusing on the wrong controlling procedural provisions and strictly limiting the authority of reviewing courts. The Article goes on to argue that amendments must be made to the Administrative Procedure Act to alleviate the impact of Vermont Yankee and grant more authority to reviewing courts.

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