U.S. Supreme Court

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Supreme Court Crushes the United States’ Ability to Mitigate Climate Change

Rejecting EPA’s ability to reshape the coal industry, the Court forecasts invalidating future agency actions.  

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.

Is Chevron Deference Still Alive?

Is Chevron Deference Still Alive?

Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.

The Supreme Court’s 2021-2022 Regulatory Term

The Supreme Court’s 2021-2022 Regulatory Term

Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.

Did Step Zero Help Doom Chevron?

Did Step Zero Help Doom Chevron?

One of the Supreme Court’s most significant administrative law precedents may soon be overturned.

No, the Supreme Court Cannot Save Democracy

No, the Supreme Court Cannot Save Democracy

The Supreme Court is forcing a deregulatory agenda under the guise of restoring democracy.

Important Changes at the Intersection of Antitrust and Administrative Law

Important Changes at the Intersection of Antitrust and Administrative Law

Supreme Court changes in administrative law create uncertainty for new antitrust guidance from federal regulators.

Religious Freedom on Death Row

Religious Freedom on Death Row

A recent U.S. Supreme Court case highlights death row inmates’ contested religious rights at executions.

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.

Major Questions and Juristocracy

Major Questions and Juristocracy

In rejecting agency action on the basis of the “major questions doctrine,” judges undermine congressional policies.

Rejecting Two-Faced Explanations by Agencies

Rejecting Two-Faced Explanations by Agencies

Scholar argues that recent Supreme Court decisions create a new vision of agency accountability to the public.

Reexamining the Renewable Fuel Standard in Letter and Spirit

Reexamining the Renewable Fuel Standard in Letter and Spirit

In a recent case, the Supreme Court failed to address the purpose of exemptions from EPA’s renewable fuel standard.