Process

Regulatory Process in Dire Need of Reform

EPA exemplifies how agency rulemaking pushes the boundaries of lawful policymaking.

CRA Resolutions Against Agency Guidance Are Meaningless

GAO is wrong to think that Congress can use the CRA to overturn agency guidance.

Overruling Chevron Could Make Congress Great Again

Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

The Pitfalls of Consistent Cost-Benefit Analyses

A one-size-fits-all approach to cost-benefit analysis won’t necessarily ensure better policy.

Tainted Review

Environmentalists should question any move by this Administration’s EPA to reform its cost-benefit analysis.

The Changing Meaning of Transparency

Scholar argues that despite progressive roots, U.S. transparency laws have taken an anti-government focus.

Thinking Through OIRA Review of Tax Regulations

OIRA review of significant tax rules raises new questions about the shape of centralized administrative oversight.

Shunting Aside Chevron Deference

The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.

How to Regulate During a Financial Crisis

Scholar argues that financial regulators must be decisive yet agile when using imperfect information.

Science and Democratic Policy in a Data-Driven World

Public access to data behind regulations should not be a political question.