Notice & Comment

Notice & Comment

Notice & Comment

Chevron Is Not Inconsistent with the APA, by Cass R. Sunstein

Section 706 of the APA states that “court[s] shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action.” Is Chevron v. NRDC, 467 U.S. 836 (1984), inconsistent with the text of the Administrative Procedure Act, as originally understood? I used […]

Notice & Comment

Seeing Race in Administrative Law: An Interdisciplinary Perspective, by Joy Milligan and Karen Tani

The administrative state has often been an engine of racial inequality. It is true that federal agencies have played key roles in implementing civil rights legislation and have sometimes attempted to dismantle entrenched racial disparities. But long before the enactment of modern civil rights laws—and extending long afterward—administrative agencies have helped mark people as racially […]

Notice & Comment

ABA AdLaw Section Seeking to Hire a Program Specialist

The American Bar Association Section of Administrative Law and Regulatory Practice is seeking to hire a program specialist—a second administrator to help Section Director Anne Kiefer administer the programming of the Section. We are a great group of administrative lawyers and scholars, and Anne is terrific to work with. For more on the Section and […]

Notice & Comment

My Jotwell Review of the ACUS Report Government by Algorithm

Over at the Journal of Things We Like (Lots) (Jowell), I have a short review of an important new report that the Administrative Conference of the United States (ACUS) has issued on artificial intelligence and machine learning in the federal administrative state. This report, entitled Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies, was coauthored […]

Notice & Comment

A Conversation with EPA Administrator Andrew Wheeler: New Rule on Guidance Procedures and More, 9/14 at 10AM

This webinar on Monday morning with EPA Administrator Wheeler looks fascinating. From the Federalist Society Regulatory Transparency Project website: In May, the Environmental Protection Agency announced a new proposed rule to “establish the procedures and requirements for how the U.S. Environmental Protection Agency (EPA) will manage the issuance of guidance documents subject to the requirements of the […]

Notice & Comment

AALS Administrative Law Section – Meet a Member: Hal Krent, by Kent Barnett

Although scholars may not be able to see each other at conferences or other events for the foreseeable future, they can still maintain some virtual connection. The Association of American Law Schools (AALS) Section on Administrative Law continues its initiative: “Meet a Member.” The section will introduce our members from time to time, and it […]

Notice & Comment

ABA Launches Poll Worker, Esq. Initiative

Through its Standing Committee on Election Law, the American Bar Association is partnering with the National Association of Secretaries of State (NASS) and the National Association of State Election Directors (NASED) to rally lawyers and law students to serve as poll workers in the upcoming 2020 election. More details are available here. The Poll Worker, Esq. […]

Notice & Comment

The Chevron Chicken and Egg Problem: A Riveting En Banc Grant in the Tenth Circuit, by Eli Nachmany

The Tenth Circuit just granted rehearing en banc in the case of Aposhian v. Barr, a challenge to the Trump Administration’s bump stock regulation promulgated in response to the 2017 mass shooting in Las Vegas. The court has asked counsel to answer five specific questions in the briefs, including multiple fascinating inquiries related to the doctrine of Chevron deference. Courts review agency […]