Notice & Comment

Author: Aaron L. Nielson

Notice & Comment

D.C. Circuit Review – Reviewed: Smallness

The big news this week from the D.C. Circuit has nothing to do with administrative law.* But the Court did issue two unanimous opinions about standing that are worth a read. Here is how Judge Rogers begins her opinion in Hawkins v. Haaland (joined by Judges Katsas and Rao): And here is how Judge Walker […]

Notice & Comment

The Future of Chevron Deference

A few weeks ago I posted a registration link for the Duke Law Journal’s administrative law symposium on The Future of Chevron Deference. The symposium will be held via Zoom on February 5, 2021. The event is free and I’m confident that it will be worth your time. In connection with that event, I’m pleased […]

Notice & Comment

Three Wrong Turns in Agency Adjudication: The APA at 75

Last week, Chris Walker noted that the George Mason Law Review is hosting a symposium to recognize the Administrative Procedure Act’s 75th anniversary. Like Chris, I’ve also prepared a short essay about agency adjudication. My contribution to the symposium — entitled Three Wrong Turns in Agency Adjudication — explores why agency adjudication is more controversial than […]

Notice & Comment

Gratitude: The Collins v. Mnuchin Edition

Last August, the U.S. Supreme Court appointed me as amicus curiae to brief and argue in defense of the constitutionality of the Federal Housing Finance Agency in Collins v. Mnuchin. I filed my brief in October and argued the case last month. I’m just now catching up. I’ve always dreamed about arguing in the Supreme […]

Notice & Comment

D.C. Circuit Review – Reviewed: An Examination of the U.S. Court of Appeals for the District of Columbia Circuit

A couple of weeks back I finished D.C. Circuit Review — Reviewed as a weekly series.* If you’re interested, I’ve penned a short essay about what I’ve learned from five year of posts. I’ve also attached the posts as an appendix so they are available in a single (control-F searchable) place. Here’s the abstract: Thanks […]

Notice & Comment

The Minor Questions Doctrine

I’m pleased to report that the University of Pennsylvania Law Review has agreed to publish my latest article: The Minor Questions Doctrine. Here’s the abstract: Few aspects of administrative law are as controversial as the major questions doctrine—the exception to Chevron deference that bars courts from deferring to an agency’s otherwise reasonable interpretation of an […]

Notice & Comment

D.C. Circuit Review – Reviewed: Year Six?

Nope!* * It’s been a good run. If you’re interested, here is the complete list of posts: August 2015:   Obamacare Round 3?   King Solomon and the APA   “It was the best of times ….”   Can You Keep a Secret? September 2015:   The Second Most Important Court?   The Future of […]

Notice & Comment

The Law Has Lost a Giant: The Legacy of Judge Stephen Williams

I’ve often said that this is the greatest opening line in the history of the D.C. Circuit: “In the Spring of 1985, as Mikhail Gorbachev was assuming the duties of General Secretary and inaugurating perestroika, the Federal Energy Regulatory Commission launched its own restructuring of the natural gas industry.” The sentence reflects the best of the […]