Notice & Comment

Notice & Comment

Notice & Comment

ACUS Update: ACUS Kicks Off Roundtable on State Administrative Practices

The Administrative Conference of the United States (ACUS) invites readers to join us tomorrow, Thursday, May 18 (1:00-2:30 p.m. ET) to kick off the inaugural meeting of the ACUS Roundtable on State Administrative Procedural Practices. To attend, please click here to register for the virtual event. As Associate Justice Louis Brandeis famously noted, the states […]

Notice & Comment

An Event on OIRA and Regulatory Budgets, and Sustainable Reforms: May 17 in Washington

OIRA is, of course, very much in the news lately. What great timing, because the American Enterprise Institute will host a conference this week on the last few years’ developments—the Trump Administration’s approach to regulatory budgeting, and the Biden Administration’s newer and broader reforms. It will be the afternoon of Wednesday, May 17. Full details, […]

Notice & Comment

D.C. Circuit Review – Immigration, the Safe Drinking Water Act, sovereign immunity, and military commissions

The D.C. Circuit issued four opinions last week. 1.  I.M. v. United States Customs and Border Protection should be of interest to immigration lawyers in particular.  The court (Rao, Walker, Ginsburg) held that an alien who has been removed from the United States cannot challenge that removal order in a habeas proceeding, because such proceedings […]

Notice & Comment

Loper BrightChevron Needs a Gravestone, Not Another Exception, by Isaiah McKinney

The Supreme Court recently granted certiorari in Loper Bright Enterprises v. Raimondo, a case where commercial fishers are challenging an agency’s statutory authority to issue a regulation requiring the fishers to pay the wages of inspectors on their boats. The Question Presented (“QP”) that the Court agreed to hear includes a request to overrule Chevron v. NRDC (1984). […]

Notice & Comment

Pacific Legal Foundation Call for Papers: Should Agency Adjudication Be Ended?

From the Pacific Legal Foundation’s website: Pacific Legal Foundation’s Center for the Separation of Powers seeks papers for a research roundtable on ending agency adjudication of private rights to be held near the end of October in Arlington, Virginia. Today, both federal and state agencies with the power to issue substantive regulations, investigate potential violations, […]

Notice & Comment

New Edition of Hickman-Pierce-Walker Federal Administrative Law: Cases and Materials, 4th Edition

From West Academic Press: Kristin E. Hickman, University of Minnesota Law SchoolRichard J. Pierce, Jr., The George Washington University Law SchoolChristopher J. Walker, University of Michigan Law School Federal Administrative Law: Cases and Materials, 4th Edition will be published in June and available for your Fall 2023 course. About the Casebook: This casebook is designed with an emphasis on accessibility. […]

Notice & Comment

Have the SEC’s Delay Tactics Made Its Petition for Rulemaking Process Vulnerable to Challenge? A Look at In re Coinbase Inc. and SEC’s Nullification of 5 U.S.C. § 553(e) by Inaction, by Kara McKenna Rollins

Last week, Coinbase launched its first counteroffensive against the Securities Exchange Commission’s (“SEC”) aggressive enforcement posturing in the cryptoeconomy. The cryptocurrency trading platform filed a petition for writ of mandamus asking the Third Circuit to make the SEC act on its petition for rulemaking. The filing raises important questions about administrative power in several respects including agency nullification […]

Notice & Comment

Promoting Women in Aviation, by Brandi Williamson

The bipartisan Promoting Women in Aviation Act was introduced in the US Senate on March 30, 2023. The legislation aims to establish the Women in Aviation Advisory Committee (WIAAC) to advise the Secretary of Transportation and the Administrator of the Federal Aviation Administration (FAA) on matters related to women in the aviation industry. The WIAAC […]

Notice & Comment

Ad Law Reading Room: Bijal Shah, “Administrative Subordination”

Today’s Ad Law Reading Room entry is “Administrative Subordination” by Professor Bijal Shah, which is forthcoming in the University of Chicago Law Review. Here is the abstract: Much of the work on immigration enforcement and environmental justice assumes that agencies negatively impact vulnerable marginalized people as a result of individualized bias or arbitrariness in administration. […]

Notice & Comment

Immodest Modesty, by Jamie Conrad

Fans of Justice Neil Gorsuch have consistently celebrated his “judicial humility,” his abhorrence of inserting “personal preferences” into judicial decisions, and his “critic[ism] of judicial activism.”  The Justice himself has remarked on the “modest[y]” of the court since he joined.  (Akil Amar, who regards himself as a liberal, managed to fit “modesty” and “humility” into the […]

Notice & Comment

D. C. Circuit Review – Reviewed: COVID-relief funds, riverbeds, and guide dogs.

The D. C. Circuit issued only two opinions this week.  In Air Excursions LLC v. Yellen, No. 22-5125, the D.C. Circuit held that Air Excursions, LLC, a regional airline serving Alaska and the Pacific Northwest, had no “competitor standing” under Article III to challenge the Department of Treasury’s disbursement of $30 million in COVID-relief funds […]