Opinion

Overruling Chevron Could Make Congress Great Again

Overruling Chevron Could Make Congress Great Again

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

How Regulatory Agencies Undervalue Life

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

Get Moving With Climate Action

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

The Ambiguity in Judge Kavanaugh’s Chevron Critique

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

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

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

Judge Kavanaugh, Chevron Deference, and the Supreme Court

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

Improving Regulatory Transparency Through Retrospective Analysis

Improving Regulatory Transparency Through Retrospective Analysis

Given its recent advance notice, EPA should implement retrospective analysis of its regulations in several ways.

The Pitfalls of Consistent Cost-Benefit Analyses

The Pitfalls of Consistent Cost-Benefit Analyses

A one-size-fits-all approach to cost-benefit analysis won’t necessarily ensure better policy.

Tainted Review

Tainted Review

Environmentalists should question any move by this Administration’s EPA to reform its cost-benefit analysis.

Crossing the Regulatory Divide to Enhance Societal Well-Being

Crossing the Regulatory Divide to Enhance Societal Well-Being

Requiring EPA cost-benefit analysis could ensure that regulations do more good than harm.

Putting Trump’s “Affordable Clean Energy” Plan in Perspective

Putting Trump’s “Affordable Clean Energy” Plan in Perspective

Recent proposed rule can be better understood by considering the fate of the Clean Power Plan in the Supreme Court.