Administrative Law

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.

Deference After Kisor

A recent Supreme Court decision could reshape judicial deference of agency actions.

Gundy, Nondelegation, and Never-Ending Hope

The intelligible principle standard lives to see another day—but for how long remains unclear.

The Supreme Court’s 2018–2019 Regulatory Term

Commentators highlight the ramifications of the Court’s most significant regulatory cases.

What Does Risk-Based Regulation Mean?

Risk-based regulation requires regulators to choose which decision-making principles to apply.

Considering Cumulative Regulatory Costs in Economic Analysis

The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.

OMB’s New Approach to Agency Guidance Documents

Research fellow argues that a recent OMB memo could improve regulatory lawmaking.

Public Engagement in Rulemaking

Agencies should work to expand public engagement efforts beyond notice and comment.

Recusal Rules for Administrative Adjudicators

ACUS’s recommendation on recusal could improve federal agency adjudication.

Hurdles in Building Public-Private Partnerships

Guidance from ACUS could help agencies navigate partnerships with the private sector.

Accessing Agency Procedure

The Administrative Conference of the United States recommends greater transparency about agency procedure.

Improving Regulations.gov

Implementing ACUS recommendations would enhance access to rulemaking materials.