Opinion

Looking More Closely at the Platypus of Formal Rulemaking

Looking More Closely at the Platypus of Formal Rulemaking

Legal scholar argues that the oft-criticized formal rulemaking process has virtues in proper settings.

Ditch the Flawed Legislative Proposal to Police Agency Communications

Ditch the Flawed Legislative Proposal to Police Agency Communications

Provisions of the Senate’s Regulatory Accountability Act would do more harm than good.

A Good Effort, with One Glaring Flaw

A Good Effort, with One Glaring Flaw

Regulatory reform bill’s requirement of oral evidentiary hearings for rulemakings may prove to be ineffective.

Partisans or Peacocks?

Partisans or Peacocks?

Oral argument transcripts may reveal Supreme Court Justices’ motivations for speaking.

Trump’s Alternative Economics of Climate Change

Trump’s Alternative Economics of Climate Change

The Trump Administration’s new social cost of carbon policy muddies the waters.

Putting in Perspective Trump’s Unwinding of Obama’s Climate Policy

Putting in Perspective Trump’s Unwinding of Obama’s Climate Policy

Both President Trump and environmental advocates overstate the effects of repealing the Clean Power Plan.

With the Close of This Chapter, a Final Story

With the Close of This Chapter, a Final Story

The Regulatory Review’s editor-in-chief reflects on the publication’s past year of coverage, against the backdrop of a fast-changing regulatory world.

Announcing The Regulatory Review

Announcing The Regulatory Review

This publication’s new name and newly designed website constitute a significant step forward, in furtherance of its mission of public service.

Will Congressional Review Act Repeals Change Agency Behavior?

Will Congressional Review Act Repeals Change Agency Behavior?

The Trump Administration’s embrace of a seldom-used law may undermine future regulatory efforts.

The Misguided Regulatory Accountability Act

The Misguided Regulatory Accountability Act

Bill aimed at regulatory reform would reintroduce burdensome administrative requirements.

The Role of Federal Judges in the Modern Administrative State

The Role of Federal Judges in the Modern Administrative State

Judge Gorsuch’s confirmation hearings offer a key opportunity to examine a judge’s philosophy on the judiciary’s proper role under the Constitution.

Discretion and Judicial Review in European Environmental Law

Discretion and Judicial Review in European Environmental Law

Balancing the discretion afforded to multinational and domestic authorities presents special challenges to judges in ensuring effective application of European Union environmental law.