Next month, the Fourth Circuit will consider a legal argument that could help patch the hole ripped open by the Supreme Court in SEC v. Jarkesy. Jarkesy held that agencies seeking to impose monetary penalties on enforcement targets for securities fraud and other common law-ish claims must proceed in federal court, not their own administrative forums. The Fourth […]
Today the D.C. Circuit held that the Council of Environmental Quality (CEQ) lacks statutory authority to issue rules under the National Environmental Protection Act (NEPA). In Marin Audubon Society v. Federal Aviation Authority, the court declined to consider arguments about whether FAA complied with CEQ’s NEPA rules because it found those rules to be ultra […]
From Timothy Lytton on behalf of the Administrative Law Section of the Association of American of Law Schools (AALS): The executive committee of the AALS section on Administrative Law and the award selection committee are pleased to announce that the winner of the 2025 Emerging Scholars Award for Outstanding Scholarly Publication is Brian D. Feinstein […]
Last year, as part of my prep for the ABA Administrative Law Conference, I put together a list of policy documents that have been issued by the Biden Administration as part of (or related to) efforts to modernize regulatory review. I did this in part because a lot of this material is in different places and […]
Universal remedies are hot, and a number of scholars have weighed in on the specific question of whether the Administrative Procedure Act authorizes a separate remedy of vacatur (sometimes called “universal vacatur”). The leading contributions so far are by, in alphabetical order, Adler, Bamzai, Bremer, Harrison (x2, x3), Levin, Mizelle, and Sohoni (x2). At the […]
Join the Administrative Conference of the United States (ACUS) on Tuesday, November 12 (1 p.m. – 2:30 p.m. ET), and Wednesday, November 13 (12 p.m. – 1:30 p.m. ET), for a public forum series that will explore discrete issues associated with the accelerating integration of artificial intelligence (AI) in federal operations. Over the course of […]
The D.C. Circuit released two opinions this week, and I’ll be covering the one that isn’t about the Second Amendment. In Lee v. Garland, the FBI terminated the plaintiff’s security clearance and fired him. The plaintiff alleged violations of the First Amendment, Fifth Amendment, and Title VII. The court (per Katsas, J.) unanimously held that the […]
This coming Friday, November 8th, the University of Michigan Journal of Law Reform has organized a terrific day-long symposium on the future of agency independence. I’ve attached the schedule with speaker lineup. The student editors have been hard at work planning this gathering, and I’m so excited for the series of conversations we will have […]
One of the more significant rulemaking initiatives under Chair Gensler’s SEC that has not yet been finalized is a proposal to expand the universe of what constitutes an “exchange” for regulatory categorization purposes. This rulemaking has broader relevance than may at first be apparent to market participants, as its implications extend beyond the world […]
Today’s Ad Law Reading Room entry is “The Beleaguered Sovereign: Judicial Restraints on Public Enforcement,” by Luke P. Norris and Helen Hershkoff, which is forthcoming in the Texas Law Review. Here is the abstract: Looking back at the federal courts over the last generation, commentators will likely focus on their role in undermining the functioning […]
The D.C. Circuit published one opinion last week, which did not deal with administrative law. It did, however, deal with a high-profile issue: criminal prosecutions stemming from January 6. United States v. Griffin posed the question, what does it mean for a person to “‘knowingly enter[]’ the restricted safety zone [around the Vice President]” within […]
As the presidential election approaches, the Committee on Foreign Investment in the United States (“CFIUS”) has increasingly come into the public spotlight. CFIUS, an interagency committee chaired by the Secretary of the Treasury, reviews the potential national security risks of certain foreign investments. At CFIUS’ recommendation, the President may suspend, prohibit, or unwind transactions that threaten […]
In my first post of this series, I noted that, despite our common goals in seeking to understand the dynamics of administrative policymaking, those who devote their professional lives to administrative statecraft often place themselves in intellectual silos. With almost one week until Election Day and voting already underway, I cannot help but think of election administration […]
The Northern District of Texas just declared two federal statutes unconstitutional—in part on Commerce Clause grounds. The government has appealed to the Fifth Circuit. And if the case proceeds to decision on appeal, the Fifth Circuit will have an opportunity to issue one of the most consequential appellate decisions in the modern era on the reach of […]
Here is a quick reminder about the New Voices in Administrative Law Program at this year’s AALS annual meeting. The deadline for submissions is Friday, November 1. We are also seeking additional senior commenters. Please let us know if you are interested! Call for Submissions: AALS New Voices in Administrative Law 2025 The Association of American Law […]