The IRS will need help to avoid unintended adverse effects in implementing the Inflation Reduction Act’s clean energy provisions.
Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.
Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
Supreme Court changes in administrative law create uncertainty for new antitrust guidance from federal regulators.
Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.
ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.
Harmonizing two approaches to antitrust law reform may protect consumer and market welfare most effectively.
When state and local voters prohibit clean energy transmission lines, they halt progress on climate change mitigation.
Cold weather spikes in Texas electricity prices reveal the risks of uninformed consumer choice in complex markets.
Government antitrust actions do not work in a high-technology market in which big businesses prove more efficient.
Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.