Vermont Yankee and the Evolution of Administrative Procedure: A Somewhat Different View

The Supreme Court's decision in Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. is a needed corrective to an unwholesome trend in the lower federal courts. The decision establishes the principle that federal courts may not, except under extraordinary circumstances,...

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Bibliographic Details
Published in:Harvard law review 1978-06, Vol.91 (8), p.1823-1832
Main Author: Byse, Clark
Format: Article
Language:English
Subjects:
Administrative agencies
Administrative courts
Administrative law
Administrative Procedure Act-US
Administrative records
Court orders
Government agencies
Judicial review
Judicial reviews
Judicial system
Legal proceedings
Procedures
Recommendations
Statutory law
Supreme Court decisions
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.: Three Perspectives
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Summary:The Supreme Court's decision in Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. is a needed corrective to an unwholesome trend in the lower federal courts. The decision establishes the principle that federal courts may not, except under extraordinary circumstances, require federal administrative agencies to employ procedural formalities beyond those specified in the Administrative Procedure Act or other relevant statutes. While there are many cases in which new procedures might be needed in order to produce a record adequate for judicial review, it is not the province of the courts to impose such procedures. It is the responsibility of the agency, not the reviewing court, to determine how the agency should conduct its business and allocate its resources. This is the approach adopted by the Administrative Conference of the U.S. in its recommendations 72-5 and 76-3. Although the judiciary has a duty to uphold the law, it also has a responsibility to recognize and defer to the responsibilities of other branches of government, including the administrative component.
ISSN:0017-811X
2161-976X
DOI:10.2307/1340410