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A common feature of environmental legislation is legislative authorization to act on the basis of anticipated harm, making scientific uncertainty an unavoidable aspect of regulatory science.
Mr. Browne said a legal review by the department had concluded that legislative authorization was not necessary.
Legislative authorization for the prayers came much later, and then only in a relatively small number of States.
Mr. Banks said it was problematic that the police were applying the program "without any legislative authorization to New Yorkers who may well be wrongfully accused of misconduct".
The plan also calls for new legislative authorization for the agency to, among other actions, accredit third parties to perform food inspections in its stead.
42 Surely it applies with equal force where the change is made by an administrative agency acting pursuant to legislative authorization.
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Today the board is facing a sort of medical crisis of its own: It's up for legislative re-authorization under the state's sunset rules.
The power that it asserts is too quintessentially legislative to stand without authorization from Congress, which the laws cited by the attorney general fail to provide.
"You could review the entire legislative history in the authorization to use military force and I guarantee you won't find one word about electronic surveillance," Bamford said.
In the court's view, § 232(b)'s legislative history indicated that Congress' authorization of the President to "adjust the imports of (an) article" encompassed only the use of "direct" controls such as quotas and did not encompass the use of license fees.
That authorization never arrived, as legislative pay raises became a classic Albany political football.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com