Judges, Ideology, and Policy in the Administrative State: Lessons From A Decade of Hard Look Remands of EPA Rules

Authors

William S. Jordan III, University of Akron

Document Type

Article

Publication Date

2001

Abstract

In this empirical and doctrinal study, William S. Jordan III investigates how judicial ideology influences administrative law outcomes, focusing on a decade's worth of D.C. Circuit Court decisions that remanded Environmental Protection Agency (EPA) rules under the "hard look" doctrine. The article analyzes whether patterns in judicial reasoning reflect ideological biases or whether decisions were grounded in principled application of administrative law standards. Jordan finds evidence suggesting that judicial ideology does play a role in shaping outcomes, particularly when evaluating the adequacy of agency justifications. However, he also explores institutional and doctrinal checks that may constrain overt politicization. The article raises important questions about the proper balance between judicial oversight and agency expertise, and the legitimacy of the administrative state when courts intrude into technical policy domains.

Publication Title

Administrative Law Review

Volume

53

First Page

45

Recommended Citation

Jordan III, William S., "Judges, Ideology, and Policy in the Administrative State: Lessons From A Decade of Hard Look Remands of EPA Rules" (2001). Akron Law Faculty Publications. 453.
https://ideaexchange.uakron.edu/ua_law_publications/453