Opinion

Revisiting the Nature of Regulation

Revisiting the Nature of Regulation

Regulations are the product of negotiations and agreements.

The Opposite of Smart Regulation

The Opposite of Smart Regulation

The federal government is moving backwards in its regulatory analysis and decision-making.

Benefit-Cost Analysis Under Threat

Benefit-Cost Analysis Under Threat

The Trump Administration is underweighting the value of human health in benefit-cost analysis.

Valuing the Benefits of Reducing Fine Particles

Valuing the Benefits of Reducing Fine Particles

EPA’s new rule fails to reform the agency’s methods for calculating benefits when regulating particulate matter.

The Weaponization of the Congressional Review Act in 2025

The Weaponization of the Congressional Review Act in 2025

Congress’s expanded use of its oversight mechanism threatens the stability of agency action.

Competition Powers Growth and Affordable Electricity

Competition Powers Growth and Affordable Electricity

Effective antitrust enforcement in the electricity sector can promote competition and protect consumers’ interests.

President Trump Says Never Mind on the National Guard

President Trump Says Never Mind on the National Guard

A recent case concerning the National Guard may signal growing Supreme Court skepticism of President Trump’s appeals.

The Regulatory Rule of Law and Reasoned Decision-Making

The Regulatory Rule of Law and Reasoned Decision-Making

The Roberts Court should follow its own reasoned decision-making requirements to constrain regulatory demolition.

Some Doubts About the Duty of Reasoned Decision-Making

Some Doubts About the Duty of Reasoned Decision-Making

The Supreme Court should reconsider the doctrine requiring courts to take a hard look at agency policy changes.

Substance, Procedure, Reasoned Decision-Making, and the President

Substance, Procedure, Reasoned Decision-Making, and the President

Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.

The Future of the Duty to Engage in Reasoned Decision-Making

The Future of the Duty to Engage in Reasoned Decision-Making

The Supreme Court should continue to apply a strong version of the duty to engage in reasoned decision-making

The Silent Ethylene Oxide Emergency

The Silent Ethylene Oxide Emergency

OSHA’s outdated standards endanger American workers by failing to limit ethylene oxide exposure.