Every reference with a DOI in the deposited reference list resolved to a known
work in Crossref or DataCite at the dated check, and none carried a retraction,
withdrawal, or removal notice.
The 24 references without a DOI — listed, not checked
no DOI — not checkedThe report cites a proposed DOT regulation from 2008 that assumed a domestic social cost of carbon (SCC) value of $7 per ton of carbon dioxide (in 2006 dollars) for 2011 emission reductions; a DOE regulation from 2008 that adopted a domestic SCC range of $0 to $20 per ton of carbon dioxide (in 2007 dollars) for 2007 emission reductions; and EPA's 2008 Advance Notice of Proposed Rulemaking for Greenhouse Gases with preliminary global SCC estimates of $68 and $40 per ton of carbon dioxide (in 2006 dollars) for 2007 emissions
no DOI — not checkedagencies must produce a detailed cost-benefit analysis justifying significant regulatory actions
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no DOI — not checkedCentralized review of agency agenda-setting through the regulatory planning process has been tried to a greater or lesser extent by different Presidents. President Reagan required agencies to submit a regulatory program to the OMB director, which allowed the director to make recommendations on both regulatory and deregulatory actions to achieve consistency with Administration policy. See id. at 907. Subsequent administrations have experimented with early intervention into agency regulatory planning, including through "prompt letters
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no DOI — not checkedStephenson has emphasized how hard look review increases enactment costs for agency regulation and thus can improve expertise in situations where an uninformed regulator would promulgate regulations. See Stephenson, Bureaucratic Decision Costs, supra note 19, at 477. See generally Matthew C. Stephenson, A Costly Signaling Theory of "Hard Look
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no DOI — not checkedAlthough State Farm did not use the term, the case is widely considered to have elaborated on and entrenched "hard look" review. See Kenneth A. Bamberger & Peter L. Strauss, Chevron's Two Steps, 95 VA
no DOI — not checkedProfessor Peter Strauss's insightful critique of Overton Park highlights how, by the time the Secretary of Transportation made his decision approving the specific route for I-40, multiple regulatory bodies, including the state of Tennessee and the city of Nashville, had approved the highway
no DOI — not checkedChevron Step Zero, 92 VA
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no DOI — not checkedThus, Mead recognized a practical "safe harbor" for agencies that use notice-and-comment rulemaking. 533 U.S. at 229-30. Consistent with this interpretation of Mead, Professor David Barron and then-Professor Elena Kagan have argued that Chevroneligible interpretations should come from an agency head or high-level official, ensuring that legal interpretations would only be issued by those who are the most visible and accountable within the agency. See David J. Barron & Elena Kagan, Chevron's Nondelegation Doctrine
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no DOI — not checkedMany scholars, and arguably some courts, have come to equate Chevron's step two permissibility inquiry with arbitrary and capricious review or argue that it should be so equated
no DOI — not checkedA Syncopated Chevron: Emphasizing Reasoned Decisionmaking in Reviewing Agency Interpretations of Statutes, 73 TEX
no DOI — not checkedsummarizing the D.C. Circuit's judicial incorporation of arbitrary and capricious review into Chevron's step two). Indeed, Chevron itself left open this possibility, to the extent that Justice Stevens recognized that at step two an agency's regulations should control
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no DOI — not checked843 F.2d 1444, 1452 (D.C. Cir. 1988) (highlighting how "reasonableness" at step two of Chevron means only "the compatibility of the agency's interpretation with the policy goals . . . or objectives of Congress"). For criticism of the D.C. Circuit's approach in Continental Air Lines, see Levin
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