APA

Judicial Remedies After CASA

Judicial Remedies After CASA

After the Supreme Court tamps down on nationwide injunctions, future pathways and questions still remain.

Improving the Administrative State

Improving the Administrative State

Matthew Lee Wiener discusses his career in public service and current challenges facing the administrative state.

Recent E-Cigarette Decision Leaves Unanswered Questions

Recent E-Cigarette Decision Leaves Unanswered Questions

A unanimous Supreme Court instructed the Fifth Circuit to reconsider the harmless error rule for agency action.

Challenging Presidential Directive Authority

Challenging Presidential Directive Authority

Judicial review does not easily address problematic exercises of presidential influence in agency rulemaking.

President Trump’s Deregulation Initiatives Are Exercises in Futility

President Trump’s Deregulation Initiatives Are Exercises in Futility

The Trump Administration will struggle to convince courts to uphold the repeal of many agency rules.

Public Engagement in Expedited Agency Rulemaking

Public Engagement in Expedited Agency Rulemaking

ACUS recommends inviting public participation in rulemaking even when agencies forgo notice and comment.

Repealing Without Procedure

Repealing Without Procedure

Executive orders to repeal rules and redefine “showerhead” contain a jarring assertion of presidential authority.

On Direct Exercises of Presidential Power

On Direct Exercises of Presidential Power

Myriad questions surround the role of Congress and the Supreme Court in checking presidential power.

Regulatory Retrospection Amid the Smashing of Expertise

Regulatory Retrospection Amid the Smashing of Expertise

The presidential influence chronicled in Graham’s magisterial book now threatens technocratic decision-making.

Ending EPA’s “Endangerment” Finding

Ending EPA’s “Endangerment” Finding

Repeal of EPA’s endangerment finding on greenhouse gases faces hurdles and would threaten regulatory instability.

Administrative Deference and Regulatory Consistency

Administrative Deference and Regulatory Consistency

The end of deference to agency statutory interpretations will result in regulatory inconsistency.

A Loss for Public Participation

A Loss for Public Participation

HHS’s reversal of its Nixon-era policy will reduce valuable public participation in rulemakings.