The Regulatory Week in Review: June 23, 2017

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Senate reveals bill to repeal and replace the Affordable Care Act, FTC moves to block daily fantasy sports site merger, and more…

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IN THE NEWS

WHAT WE’RE READING THIS WEEK

  • In a book review for the Harvard Law Review, Penn Law Professor Jean Galbraith discussed the book Foreign Affairs Federalism: The Myth of National Exclusivity, by Professors Michael Glennon of The Fletcher School of Law and Diplomacy, Tufts University and Robert Sloane of the Boston University School of Law. Galbraith herself found somewhat limited Glennon and Sloane’s understanding of foreign affairs federalism as having “a backdrop of federal inaction,” noting that states and local governments are “interacting” when it comes to “transnational issues” like climate change. Noting California’s “authority to regulate greenhouse gas emissions,” Galbraith articulated that “the most important developments with respect to climate regulation have involved interactions between the federal and state political branches.”
  • In a new paper, Kent Barnett, Associate Professor of Law at the University of Georgia School of Law, Christina L. Boyd, Associate Professor at the University of Georgia School of Public and International Affairs, and Christopher J. Walker, Associate Professor of Law at the Ohio State University Moritz College of Law, analyzed circuit court decisions that review agency statutory interpretations to determine whether the Chevron framework, which requires courts to defer to reasonable agency interpretation of statutes, is applied consistently. Barnett, Boyd, and Walker concluded that the results of their study tend to support the conventional wisdom that courts are not consistently applying Chevron.
  • In a paper, Philip Wallach, a senior fellow in Governance Studies at the Brookings Institution, explored ways in which regulation discourages homeowners from investing in rooftop solar panels. Wallach argued that pricing, subsidies, fees, financing and tax treatment, building codes, zoning laws, and other regulatory barriers keep homeowners from installing rooftop solar panels. Because many of these regulations have been imposed at the state and local levels, Wallach contended that state and local officials are in the position to level the playing field for rooftop solar.