In 2017, during the 115th Congress, a bipartisan group of Senators introduced the Regulatory Accountability Act. This was a serious effort to significantly update the procedural provisions of the APA for the first time since its enactment in 1946. Among other reforms, the 2017 RAA would have: The authors of the 2017 RAA modeled many […]
(Coauthored with Charles Yates) Previously, we explained how the Supreme Court, in Bondi v. VanDerStok, appeared to endorse an impossibly deferential standard of review in cases involving claims that regulatory agencies have acted contrary to, or in excess, of their statutory authority. In that post, we observed that the Court’s turn to super-deference in VanDerStok […]
Pacific Legal Foundation and the Catholic University Law Review seek papers for a symposium on “Searching for Constitutional Limits on Environmental & Natural Resources Law,” to be held in spring 2026 at the Catholic University of America, Columbus School of Law in Washington, D.C. The full call for papers is available here. We seek papers […]
Intentionally or not, the Supreme Court’s recent decision in Bondi v. VanDerStok has the potential to dent the arc of administrative law. As Justice Alito observed in his dissent, the case could end up being a “huge boon for the administrative state.” Below, we explain why. At issue in VanDerStok was a 2022 rule […]
Welcome back to Ninth Circuit Review-Reviewed, your periodic recap of administrative law before arguably “the second most important court in the land.” Since my last post in late 2024, the Ninth Circuit published several significant decisions involving agency adjudications. These cases—and their doctrinal implications—are discussed below. Panel Applies Decker Coal Doctrine in Denying ‘Double Tenure’ […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” This month, we tackle Nebraska v. Su, in which a split three-judge panel sided with the challengers against President Biden’s $15 minimum wage mandate for federal contractors. Besides engendering a direct circuit split, […]
The Pacific Legal Foundation (where I work) has issued a call for papers for its upcoming research roundtable on “Rulemaking by Adjudication.” The deadline for proposal submissions is January 10th. Here is an excerpt from the description (full version available at the PLF website):
It’s no understatement to say that the Roberts Court, in only the last decade or so, has rewritten the textbooks on administrative law. And more seismic changes could be on the way. Since the long conference, the Supreme Court has twice relisted Consumers’ Research v. Consumer Product Safety Commission, a potential blockbuster that could overturn […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Every month, in preparation for these posts, I review the Ninth Circuit’s published opinions. But when I went over last month’s opinions for this post, I found slim pickings. Thus stymied, I turned […]
In mid-July, a divided Ninth Circuit panel rendered the Federal Vacancies Reform Act (FVRA) a “near dead letter,” to quote from Judge Morgan Christen’s dissent. Before we get to the majority’s decision, let’s start with the backstory. The Constitution, of course, requires high-level officers to be appointed by the President with the “advice and consent” […]
Pacific Legal Foundation and the Georgetown Journal of Law & Public Policy seek papers for a symposium titled “The Future of Agency Adjudication after SEC v. Jarkesy” to be held in Washington, DC in winter 2025. Details from the announcement are excerpted below.
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before (arguably) the “second most important court in the land.” Let’s get straight to business. FCIC Reaps Kisor Deference Congress created the Federal Crop Insurance Corporation “to improv[e] the economic stability of agriculture.” The FCIC carries out this mandate by offering reinsurance to […]
Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” After a three-year hiatus, we’re back! Let’s get straight to business. Each of the following statements is from a different opinion by Judge Lawrence VanDyke in the same controversy: Over the last 10 […]