Process

Benefit-Cost Analysis Under Threat

Benefit-Cost Analysis Under Threat

The Trump Administration is underweighting the value of human health in benefit-cost analysis.

Valuing the Benefits of Reducing Fine Particles

Valuing the Benefits of Reducing Fine Particles

EPA’s new rule fails to reform the agency’s methods for calculating benefits when regulating particulate matter.

Valuing and Devaluing Regulatory Benefits

Valuing and Devaluing Regulatory Benefits

The Environmental Protection Agency’s decision to decline to monetize effects from air pollution prompts reactions by regulatory experts.

The Weaponization of the Congressional Review Act in 2025

The Weaponization of the Congressional Review Act in 2025

Congress’s expanded use of its oversight mechanism threatens the stability of agency action.

President Trump Says Never Mind on the National Guard

President Trump Says Never Mind on the National Guard

A recent case concerning the National Guard may signal growing Supreme Court skepticism of President Trump’s appeals.

The Regulatory Rule of Law and Reasoned Decision-Making

The Regulatory Rule of Law and Reasoned Decision-Making

The Roberts Court should follow its own reasoned decision-making requirements to constrain regulatory demolition.

Some Doubts About the Duty of Reasoned Decision-Making

Some Doubts About the Duty of Reasoned Decision-Making

The Supreme Court should reconsider the doctrine requiring courts to take a hard look at agency policy changes.

Substance, Procedure, Reasoned Decision-Making, and the President

Substance, Procedure, Reasoned Decision-Making, and the President

Courts must distinguish substantive from procedural duties in agency review to preserve reasoned decision-making.

The Future of the Duty to Engage in Reasoned Decision-Making

The Future of the Duty to Engage in Reasoned Decision-Making

The Supreme Court should continue to apply a strong version of the duty to engage in reasoned decision-making

The Uncertain Future of Hard Look Review

The Uncertain Future of Hard Look Review

Scholars debate whether the duty to engage in reasoned decision-making should be reconsidered.

The Court’s Distrust of the Administrative State

The Court’s Distrust of the Administrative State

Gillian E. Metzger discusses how the U.S. Supreme Court has reshaped administrative law.

Quorum Losses at Federal Commissions

Quorum Losses at Federal Commissions

Scholars argue that the U.S. government should adapt to address rampant loss of regulatory body quorums.