Loper Bright

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.

The Administrative State at a Crossroads

The Administrative State at a Crossroads

Aaron Nielson discusses the forces driving changes in the administrative state.

Predicting Turbidity, Protecting Tap Water

Predicting Turbidity, Protecting Tap Water

Scholars analyze how the use of machine learning could reshape EPA drinking water standards.

Delegated Discretion is the New Deference

Delegated Discretion is the New Deference

Scholar suggests that recent shifts in administrative law will matter less than critics fear and supporters hope.

Climate Denialism Dressed Up as Law

Climate Denialism Dressed Up as Law

EPA’s attempts to reinterpret the Clean Air Act are detrimental to fighting climate change.

An Uncertain Future for Tax Regulation After Loper Bright

An Uncertain Future for Tax Regulation After Loper Bright

The unique history of tax regulation presents several possibilities for courts.

What Does the CFPB’s Mass Guidance Withdrawal Mean? Not Much

What Does the CFPB’s Mass Guidance Withdrawal Mean? Not Much

A federal consumer protection agency’s withdrawal of numerous guidance documents will have little legal effect.

Repealing Without Procedure

Repealing Without Procedure

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

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.

The Unsettling of Notice and Comment

The Unsettling of Notice and Comment

The Trump Administration has invoked recent Supreme Court decisions to justify unraveling normal rulemaking procedures.

Administrative Deference and Regulatory Consistency

Administrative Deference and Regulatory Consistency

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