Calls for more deference to agency expertise derive from an unrealistic view of executive policymaking.
In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.
One of the Supreme Court’s most significant administrative law precedents may soon be overturned.
GAO recommends the U.S. Department of Defense improve servicemember credentialing programs.
Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.
Agencies need to pursue systematic efforts to provide quality assurance in their adjudicatory processes.
Congress should modify the Congressional Review Act to enhance clarity and improve oversight of agencies.
Agencies should craft rules about public access to their adjudicative proceedings.
Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication.
Even when agencies change or rescind guidance documents, they should be clearly labeled and readily available to the public.