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
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
Originalist arguments for rewriting administrative law are weaker than they seem.
Protecting Future Biodiversity
Can the Endangered Species Act be used to protect future species?
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
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
Despite guidance from the Supreme Court, the future of water regulation remains uncertain.
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
Congressional intent and clear statutory text promote common-sense enforcement of federal water regulations.
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
The Supreme Court preserved agency deference in Kisor v. Wilkie.
The Supreme Court’s 2018–2019 Regulatory Term
Commentators highlight the ramifications of the Court’s most significant regulatory cases.