Opinion

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.

Regulating Cost-Benefit Analysis

Regulating Cost-Benefit Analysis

EPA’s advance notice raises fundamental questions about how the agency should weigh costs and benefits.

Thinking Through OIRA Review of Tax Regulations

Thinking Through OIRA Review of Tax Regulations

OIRA review of significant tax rules raises new questions about the shape of centralized administrative oversight.

Elections Have Consequences, on Future Elections

Elections Have Consequences, on Future Elections

The Supreme Court’s approval of Ohio’s voting roll purge will limit voter turnout in future elections.