Notice & Comment

Notice & Comment

Notice & Comment

D.C. Circuit Review—Reviewed: Clearing the Queue

Last week, the D.C. Circuit issued four administrative-law opinions. The first, Advanced Energy United v. FERC, involved the nation’s backlogged interconnection queue—a waiting list of proposed energy-generating facilities seeking to connect to the power grid. Before 2023, a developer seeking to connect a new facility would submit an interconnection request to the transmission provider, which […]

Notice & Comment

Eleventh Circuit Review—Reviewed: Constitutional Challenges and Conservation Easements

The Eleventh Circuit decided two administrative law cases of note in July. In the first, it rejected Florida’s constitutional challenges to the Department of Education’s use of private educational accreditors. In the second, the Eleventh Circuit sided with the IRS in a taxpayer’s challenge to the agency’s rejection of a deduction. Constitutional Challenges to Private […]

Notice & Comment

D.C. Circuit Review – Reviewed: A Busy Week

(The following post is by our new contributor, Alexis Abboud, who does not yet have login credentials). It was a busy week at the D.C. Circuit last week! The court issued eight administrative-law-related opinions across a range of domains plus a contracts case wearing administrative-law clothing, so it’s a longer post. I’ve tried my best […]

Notice & Comment

D.C. Circuit Review – Reviewed: Did You Forget About the Postal Regulatory Commission? You Did, Didn’t You?

The midterms and mail-in voting are approaching, and as they do, the federal courts are already deciding cases about postal operations. One such case began in the summer of 2020, a time of pandemic and postal policy changes. The policy changes “included a reduction in the number of high-speed mail sorting machines, a decrease in […]

Notice & Comment

Lytton’s Call for Book Workshop Proposals

From Professor Tim Lytton: Each May I organize a book manuscript workshop in the areas of torts, administrative law, or legal history. Georgia State University provides funding to invite 10-15 leading scholars from around the country for a one-day in-person workshop. Previous manuscripts include: I am currently seeking a suitable manuscript for May 2027. Authors must […]

Notice & Comment

Non-Security Crypto, Investment Contracts, and SEC Compliance

The U.S. Securities and Exchange Commission has made significant progress over the past 18 months in developing a workable framework for crypto under the federal securities laws.  A key milestone was the Commission’s March 2026 interpretation (the “Interpretation”) of how the definition of “security” applies to crypto assets and related transactions.  The Interpretation divides crypto […]

Notice & Comment

The Right to Raise Due Process Defenses in CFIUS Enforcement Actions

Over the last several months, attorneys who practice before and litigate against the Committee on Foreign Investment in the United States (“CFIUS”) have been paying close attention to United States v. Suirui, a CFIUS enforcement action in the U.S. District Court for the District of Columbia. In Suirui, the government seeks to enforce a presidential […]

Notice & Comment

Ad Law Reading Room: “The Case for Administrative Law Pluralism,” by Menand and Rosenblum

Today’s Ad Law Reading Room entry is “The Case for Administrative Law Pluralism,” by Lev Menand and Noah Rosenblum, which is forthcoming in Building Democratic Capacity: Essays on Administrative Law’s Futures (Blake Emerson, Joshua Macey, Sabeel Rahman & Bijal Shah eds., Cambridge Univ. Press forthcoming). Here is the abstract: Federal administrative law is in flux. […]

Notice & Comment

Little Lambs to the Slaughter: Rethinking Federal Officer Liability

Concurring in Trump v. Slaughter, Justice Gorsuch rightly observes that by concentrating power in the President, the Supreme Court’s decision creates new opportunities for that power to be abused. Emphasizing that the “whole of the President’s authority” might be “greater than the sum of its parts,” Justice Gorsuch asks how “a business out of favor […]

Notice & Comment

Comparative Administrative Law New Scholarship Corner (May 2026)

If you’re looking for some light beach reading, I’ve got great news: back issues of the Comparative Administrative Law New Scholarship Corner are coming your way! In this post, I’m delighted to wish a happy (belated) first anniversary to the Comparative Administrative Law New Scholarship Corner by posting the May 2026 edition, which includes the […]

Notice & Comment

Legal and Practical Independence after Slaughter and Cook

This term in Trump v. Slaughter and Trump v. Cook, the Supreme Court overturned tenure protections for most agency heads while recognizing an exception for the Federal Reserve System’s board of governors.  Are these decisions correct, do they matter, and what do they imply for federal officials other than agency heads? In this post, I’ll […]

Notice & Comment

A Procedural Framework for Frontier-AI Cyber Risk Convenings: The Case of Anthropic’s Project Glasswing

On April 7, 2026, Treasury Secretary Scott Bessent and Federal Reserve Chair Jerome Powell convened the chief executives of five systemically important banks to brief them privately on Claude Mythos Preview, a frontier AI model that Anthropic declined to release to the public. Anthropic made this decision upon finding in its internal testing that the […]