Statutory Interpretation

Court Weighs in on Pipeline Crossing Appalachian Trail

Court Weighs in on Pipeline Crossing Appalachian Trail

The Supreme Court rules that the Forest Service can approve natural gas pipelines crossing the Appalachian Trail.

The Shape of Water After County of Maui v. Hawaii Wildlife Fund

The Shape of Water After County of Maui v. Hawaii Wildlife Fund

Despite guidance from the Supreme Court, the future of water regulation remains uncertain.

Clarifying the Default for Anti-Discrimination Statutes

Clarifying the Default for Anti-Discrimination Statutes

Policy-free textual analysis wins when interpreting causation standards in statutory text for employment actions.

Closing a Concocted Clean Water Act Loophole

Closing a Concocted Clean Water Act Loophole

Congressional intent and clear statutory text promote common-sense enforcement of federal water regulations.

A Missed Opportunity in Securities Fraud Enforcement

A Missed Opportunity in Securities Fraud Enforcement

The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.

A Turning Point in the Deference Wars

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.

The Supreme Court’s 2018–2019 Regulatory Term

The Supreme Court’s 2018–2019 Regulatory Term

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

Statutory Clarity and Judicial Review of Regulatory Impact Analysis

Statutory Clarity and Judicial Review of Regulatory Impact Analysis

Precise statutory language corresponds to better benefit-cost analysis and more consistent judicial review.

Shunting Aside Chevron Deference

Shunting Aside Chevron Deference

The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.

Can You Start a Lawsuit by Mail?

Can You Start a Lawsuit by Mail?

The U.S. Supreme Court will soon decide a case involving the interpretation of a key civil litigation treaty.

Supreme Court Takes Up Transgender Restroom Policy

Supreme Court Takes Up Transgender Restroom Policy

Case presents opportunity for Court to consider deference to agencies’ interpretations of regulations.

Defining Overtime Responsibility

Defining Overtime Responsibility

The Department of Labor issued guidance defining “joint employers.”