Courts should not rely on the number of public comments to assess the legality of regulations.
Deregulatory attacks have twisted a legal concept meant only to restrain extraordinary actions.
President Biden’s memorandum modernizing regulatory review addresses three key failings in the review process.
The Supreme Court relied on misleading arguments and revisionist history to strike down the CFPB’s structure.
The Administration has taken an aggressive approach in using legal tools to advance its regulatory agenda.
Strategies used by the Trump Administration will serve as a blueprint for future Presidents.
The Solicitor General says it is constitutionally relevant that one person heads the CFPB, but it is not.
New carbon rule is entirely at odds with Trump Administration’s earlier rhetoric on the Clean Power Plan.
Clean energy systems will not reduce emissions unless states promote effective energy storage policies.
Marchand’s argument questions key regulatory processes and ignores the net benefits of regulation.
The Clean Air Act’s success reveals the flaws in the standard critique of the administrative state.
Independent agencies should mirror executive branch practices to overcome judicial scrutiny.