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Administrative Agencies and Claims of Unreasonable Delay: Analysis of Court Treatment

Description: This report discusses judicial remedies available for delayed agency actions that are somewhat limited. Generally, a court is restricted to ordering an agency to act by a specific deadline. The following sections outline the timing requirements imposed by the Administrative Procedure Act (APA), discuss the available judicial remedies when actions are found to be unreasonably delayed, and provide an examination of cases where courts have been asked to compel agency action. Finally, the report concludes with a discussion of legislative tools that Congress can use to try to set agency priorities.
Date: March 21, 2013
Creator: Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

A Primer on the Reviewability of Agency Delay and Enforcement Discretion

Description: This report discusses the general legal principles applied in determining whether administrative delays are reviewable in court in these two different contexts and then address whether the procedures outlined in the Administrative Procedure Act (APA) are applicable to these delays.
Date: September 4, 2014
Creator: Shedd, Daniel T. & Garvey, Todd
Partner: UNT Libraries Government Documents Department

Administrative Law Primer: Statutory Definitions of "Agency" and Characteristics of Agency Independence

Description: This report explores several important statutes that regulate agencies and these statutes' respective definitions of "agency." These statutes include the Administrative Procedure Act, the Freedom of Information Act, the Federal Records Act, statutes governing federal employees, and the Paperwork Reduction Act.
Date: May 22, 2014
Creator: Cole, Jared P. & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

Federal Permitting and Oversight of Export of Fossil Fuels

Description: This report reviews federal laws and the regulatory regime governing the export of natural gas, crude oil, and coal. This report provides an overview of federal laws and regulations and agency roles in authorizing and regulating the export of these fossil fuels.
Date: January 7, 2014
Creator: Vann, Adam; Shedd, Daniel T. & Murrill, Brandon J.
Partner: UNT Libraries Government Documents Department

Veterans Affairs: Presumptive Service Connection and Disability Compensation

Description: This report discusses presumptive service connection, its legislative history, and current challenges in making evidence-based determinations of presumptions. It also discusses the Agent Orange Act (P.L. 102-4) and suggests implications of the process established by the act for future presumptive service-connected determinations.
Date: November 18, 2014
Creator: Panangala, Sidath Viranga; Shedd, Daniel T. & Moulta-Ali, Umar
Partner: UNT Libraries Government Documents Department

Premium Tax Credits and Federal Health Insurance Exchanges: Questions and Answers

Description: Legal challenges that may have a substantial impact on the implementation and operation of the Patient Protection and Affordable Care Act (ACA) concern whether premium tax credits are available for millions of individuals participating in federally administered health insurance exchanges. The Supreme Court has decided to weigh in on this issue in King v. Burwell. This report provides background on provisions of ACA relevant to this issue. It then answers questions concerning the legal challenges and potential implications of the Court's decision in King.
Date: December 19, 2014
Creator: Staman, Jennifer A.; Lunder, Erika K. & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

U.S.-Mexico Water Sharing: Background and Recent Developments

Description: This report is a primer on U.S. and Mexican water-sharing topics. It focuses on surface water quantity sharing and recent developments, including drought conditions. Due to Mexico's recent below-target deliveries of Rio Grande water to the United States, particular attention is given to the status, underlying causes, and responses to the Rio Grande water delivery shortfalls. This report describes: legal obligations and processes under the 1944 Water Treaty; drought conditions from 2010 to 2013; water sharing and developments in the Colorado River Basin; water sharing in the Rio Grande Basin and Mexico's water delivery shortfalls and stakeholder, diplomatic, and legislative responses to the rate of Mexico's Rio Grande water deliveries.
Date: January 23, 2015
Creator: Carter, Nicole T.; Ribando Seelke, Clare & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

Why Certain Trade Agreements Are Approved as Congressional-Executive Agreements Rather Than Treaties

Description: This report briefly discusses the process used to enact U.S. trade agreements such as the North American Free Trade Agreement (NAFTA), World Trade Organization agreements, and bilateral free trade agreements (FTAs). In each case these agreements have been approved by majority vote of each house rather than by two-thirds vote of the Senate - that is, they have been treated as congressional-executive agreements rather than as treaties.
Date: April 15, 2013
Creator: Smith, Jane M.; Shedd, Daniel T. & Murrill, Brandon J.
Partner: UNT Libraries Government Documents Department

U.S.-Mexico Water Sharing: Background and Recent Developments

Description: This report is a primer on U.S. and Mexican water-sharing topics. It focuses on surface water quantity sharing and recent developments, including drought conditions. Due to Mexico's recent below-target deliveries of Rio Grande water to the United States, particular attention is given to the status, underlying causes, and responses to the Rio Grande water debt. This report describes: legal obligations and processes under the 1944 Water Treaty; drought conditions from 2010 to 2013; water sharing and developments in the Colorado River Basin; water sharing in the Rio Grande Basin and Mexico's water debt; and stakeholder, diplomatic, and legislative responses to Mexico's Rio Grande water debt.
Date: November 19, 2013
Creator: Carter, Nicole T.; Seelke, Clare Ribando & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

International Investment Agreements (IIAs): Frequently Asked Questions

Description: This report answers frequently asked questions about international investment agreements (IIAs) made between the United States and other countries. Questions are categorized in three main areas: background and context; U.S. international investment agreements; and investor-state dispute settlement (ISDS).
Date: May 15, 2015
Creator: Weiss, Martin A.; Akhtar, Shayerah Ilias; Murrill, Brandon J. & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department

International Investment Agreements (IIAs): Frequently Asked Questions

Description: This report answers frequently asked questions about international investment agreements (IIAs) made between the United States and other countries. Questions are categorized in three main areas: background and context; U.S. international investment agreements; and investor-state dispute settlement (ISDS).
Date: May 5, 2015
Creator: Weiss, Martin A.; Akhtar, Shayerah Ilias; Murrill, Brandon J. & Shedd, Daniel T.
Partner: UNT Libraries Government Documents Department