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Permitting and Innovation in the Digital Age

August 2016

Citation: 46 ELR 10662

Issue: 8

Author: Ethan G. Shenkman and Aditi A. Prabhu

Co-authors Eric Biber and J.B. Ruhl should be commended for providing a thoughtful framework for when agencies should consider individual versus general permitting regimes. They presented a similar framework for the Administrative Conference of the United States, which is a helpful forum for airing perspectives on important administrative law topics. While Biber and Ruhl discuss some of the key factors for agencies in designing a permitting scheme, we identify some areas where they may have relied on overly generalized assumptions and suggest additional considerations they could take into account in their model.

Ethan G. Shenkman is the Deputy General Counsel, and Aditi A. Prabhu is an Attorney-Adviser, at the U.S. Environmental Protection Agency. The views expressed herein do not necessarily represent the views of EPA.

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