Supreme Court

The National Injunction and the Administrative Procedure Act

Critics of national injunctions should not stretch the meaning of key words in the APA.

Overruling Chevron Could Make Congress Great Again

Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh’s Activist Vision of Administrative Law

In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.

Judge Kavanaugh, Chevron Deference, and the Supreme Court

If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.

Judge Kavanaugh and Administrative Law

What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?

Tainted Review

Environmentalists should question any move by this Administration’s EPA to reform its cost-benefit analysis.

Crossing the Regulatory Divide to Enhance Societal Well-Being

Requiring EPA cost-benefit analysis could ensure that regulations do more good than harm.

Regulating Instagram Posts

Author argues that FTC disclosure rules may infringe upon endorsers’ right to free speech.

Nuclear Energy at the Forefront of States’ Clean Energy Policies

Expert argues that courts should not strike down state programs that subsidize nuclear power plants.

The Changing Meaning of Transparency

Scholar argues that despite progressive roots, U.S. transparency laws have taken an anti-government focus.