Reexamination of Environmental Court Study: Outlook for Improvement in Judicial Review of Environmental Decisionmaking

December 1974
Citation:
4
ELR 50143
Issue
12
Author
Walter Kiechel Jr.

Thank you Professor Murphy, I think. I'm linked in your introduction with the bureaucrats who were going off or on welfare and am given the left-handed compliment of being an experienced person. We have been treated to a very youthful presentation this morning. All of these sallies and circumstances cause me to pull back and reflect. Fred Anderson this morning announced what I suppose will be the battle-cry of this conference—\ stamp out thinking of the 1930s. Somehow that accusation is associated with experience and might even be associated with me. So, at the outset, I want to say that while I was around in the thirties, I wasn't even thinking at that time.

Judge Bue, Mr. Mashaw, Chairman Greene, President-Elect Fellers, Ladies and Gentlemen, it is a pleasure to be here. I am operating under certain handicaps, as is readily apparent. I'm brought back, as they say in "show biz," for a return engagement, speaking on the same subject as I did last year and to some of the same people, and I am not going to give you any warmed-over speech. The second handicap is the fact that in an unguarded moment, in response to the blandishments of your very persuasive Manager of this Conference, John O'Connor, I sent him an outline, or a sort of a text, which he said he needed for Tom Greene's purpose for introduction. So, last night I see upon coming in that there were copies of my text available and I saw everybody picking it up and, of course, poring over it. This is perhaps attributable not so much to the fact that it's a real piece of deathless prose, which it is, but the lack of nightlife around Airlie House. So, I've got to say something different or more than is in those prepared remarks. I suppose the third handicap is that I am chaperoned on this panel by a distinguished federal judge before whom I've not had the pleasure to appear, but people from my staff do from time to time, and I am very conscious of the fact that judges who render environmental decisions against the government are to be treated with great care and diplomacy.So, I am on my good behavior today.

Deputy Assistant Attorney General, Land and Natural Resources Division, Department of Justice.

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Reexamination of Environmental Court Study: Outlook for Improvement in Judicial Review of Environmental Decisionmaking

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