Supreme Court

A Bleak Future for Class Actions?

A Bleak Future for Class Actions?

A researcher warns that waivers in business contracts could harm plaintiffs’ power to sue.

The Supreme Court Scrutinizes EPA Regulation

The Supreme Court Scrutinizes EPA Regulation

At oral arguments, Justices question whether EPA considered costs of regulation at the right time.

Counting Benefits at the High Court

Counting Benefits at the High Court

Considering the costs and benefits of regulation should include indirect effects in the calculation.

Supreme Court Weighs When Agencies Must Consider Costs

Supreme Court Weighs When Agencies Must Consider Costs

EPA’s consideration of costs in regulating toxic air pollutants should prove sufficient.

High Court Hears Debate Over Costs and Benefits of Regulating Air Pollution

High Court Hears Debate Over Costs and Benefits of Regulating Air Pollution

The Regulatory Review features commentaries on this term’s oral arguments in Michigan v. EPA.

Supreme Court Regulatory Cases to Watch

Supreme Court Regulatory Cases to Watch

In its upcoming term, Supreme Court will decide key regulatory issues.

When a State Agency is Not a State Actor

When a State Agency is Not a State Actor

The U.S. Supreme Court will decide when a state agency is immune from federal antitrust law.

Putting Foxes in Charge of Guarding Henhouses

Putting Foxes in Charge of Guarding Henhouses

“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”

Chevron’s Lack of Statutory Support

Chevron’s Lack of Statutory Support

“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”

General Permits and the Regulation of Greenhouse Gases

General Permits and the Regulation of Greenhouse Gases

Recent Supreme Court decision misses a climate change solution that could satisfy all parties.

Two Cheers for Recess Appointments

Two Cheers for Recess Appointments

The Supreme Court lets the president down easy in NLRB v. Noel Canning.

Supreme Court Decision Strikes Compromise in Greenhouse Gas Case

Supreme Court Decision Strikes Compromise in Greenhouse Gas Case

EPA’s authority to regulate greenhouse gas emissions is left largely intact, but agency faces rebuke.