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.
Lucia Turns Out to Be Much Ado About Nothing
The Court’s decision about administrative judges skirts major separation of powers questions.
How to Regulate During a Financial Crisis
Scholar argues that financial regulators must be decisive yet agile when using imperfect information.