Statutory Interpretation

On Misciting Marbury

On Misciting Marbury

In deciding whether to overrule the Chevron doctrine, the Supreme Court should not be persuaded by mistaken invocations of a famous dictum.

Chevron’s Watery Grave?

Chevron’s Watery Grave?

A fight over fishery regulations could spell trouble for Chevron deference.

A Major Ruling on Major Questions

A Major Ruling on Major Questions

In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.

New Public Access to Court Records

New Public Access to Court Records

The Supreme Court of Oklahoma allows access to records as a matter of public policy.

The Misuse of History to Undercut the Modern Regulatory State

The Misuse of History to Undercut the Modern Regulatory State

Originalist arguments for rewriting administrative law are weaker than they seem.

Protecting Future Biodiversity

Protecting Future Biodiversity

Can the Endangered Species Act be used to protect future species?

Regulatory Recognition of Native Histories

Regulatory Recognition of Native Histories

Judicial disregard of Native Nations’ ethnohistory frustrates the purpose of federal law protecting Native remains.

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.