Loper Bright

Judicial Deference and FDA

Judicial Deference and FDA

Scholar argues that limited judicial deference to agencies may matter less for FDA than health experts fear.

The Evolution of Environmental Regulation

The Evolution of Environmental Regulation

Lisa Heinzerling discusses recent developments in environmental law and regulation.

Interpreting Civil Rights Statutes

Interpreting Civil Rights Statutes

Katie Eyer discusses how courts’ statutory interpretation shapes civil rights enforcement.

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.