All Essays

The National Injunction and the Administrative Procedure Act

Critics of national injunctions should not stretch the meaning of key words in the APA.

Using Blockchain to Improve Regulatory Analysis and Reform

Blockchain could provide essential data on the effectiveness of regulations.

Week in Review

Court rules Borrower Defense Regulation must not be delayed, EPA to waive fuel regulations in the Carolinas, and more…

Pipeline Opposition Impedes Climate Change Mitigation

More pipelines and electricity transmission lines would bolster the fight against climate change.

Overruling Chevron Could Make Congress Great Again

Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.

How Regulatory Agencies Undervalue Life

Agencies should boost penalties for fatal rule violations to match the value of a statistical life.

Get Moving with Climate Action

Former EPA Administrator urges the public to take action against climate change.

Week in Review

Kavanaugh testified that Roe is settled as a precedent, Facebook and Twitter executives testified before the Senate Intelligence Committee, and more…

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh’s Activist Vision of Administrative Law

In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.

Judge Kavanaugh, Chevron Deference, and the Supreme Court

If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.