The D.C. Circuit decided one administrative law appeal last week.* In American Forest Resource Council v. Williams, AFRC challenged two rules postponing the effective date of a U.S. Fish and Wildlife Service rule that would have reduced the amount of land designated as critical habitat for an endangered species of spotted owl. The Service published […]
The following is a list of the Administrative Law topics in pending and decided cases so far in the Supreme Court’s October 2023 Term. I made this list for the admin law class I teach this spring at the University of Illinois Chicago because students expressed strong interest in class topics currently at the Court, […]
There is much hubbub over the major questions doctrine. For good reason. The Supreme Court has lately invoked the doctrine to invalidate sweeping regulatory initiatives, such as the EPA’s Clean Power Plan, OSHA’s workplace vaccine mandate, and the CDC’s eviction moratorium. There is now a cottage industry of law reviews trying to make sense of […]
Reposting with updated deadline of Monday, March 11! The University of Notre Dame is pleased to host the 9th Annual Administrative Law New Scholarship Roundtable on June 25-26, 2024. For the past eight years, the Roundtable has offered administrative law scholars an excellent opportunity to get feedback on their work from distinguished scholars in a […]
Today’s Ad Law Reading Room entry is “Governing by Assignment,” by Isaac Cui, Daniel E. Ho, Olivia Martin, and Anne Joseph O’Connell, which is forthcoming in the University of Pennsylvania Law Review. Here is the abstract: A pillar of administrative law is expertise, but government is increasingly missing experts. The U.S. federal government faces a […]
Most legal entities, like corporations, have officers and directors who, together, run the business. Directors sit on the board of directors and collectively govern and oversee the entity. In contrast, officers generally implement the board’s vision and manage the day-to-day operations of the business. While there is widespread agreement that the roles and responsibilities of officers and […]
It’s great that 2024 is leap year, so that I can still get the January edition of this series up before February ends. Here is the January 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN […]
Our recent Essay in the Wisconsin Law Review Forward explores the question, what do multiple versions of the major questions doctrine mean for the future of legislation? We observe that, after West Virginia v. EPA, 597 U.S. 697 (2022) and Biden v. Nebraska, 143 S.Ct. 2355 (2023), we now have three versions of the major questions doctrines: The “clear […]
As a reminder, the deadline to submit an abstract for the 9th Annual Administrative Law New Scholarship Roundtable is TOMORROW, Friday, March 1 [UPDATE: the deadline has been extended to Monday, March 11]. The call for papers is reprinted below: ____ The University of Notre Dame is pleased to host the 9th Annual Administrative Law […]
An essay by John McGinnis, “The Rise and Fall of Chevron,” recently caught my eye. McGinnis, now a professor at Northwestern, writes that as a summer legal intern he assisted Deputy Solicitor General Paul Bator in writing the government’s brief in Chevron U.S.A. v. Natural Resources Defense Council back in 1983. Though we’ve never met, I felt a […]
Last month, the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimando and Relentless Inc. v. Department of Commerce, both of which asked the Court to overrule Chevron. By overruling Chevron, what the parties are really asking is that the Court overrule the two-step test from the beginning of the case, not that the Court overrule the final holding that […]
Last week the D.C. Circuit decided just one case on a relatively narrow issue. In a short nine-page opinion in Abreu v. Howard University, the panel (Wilkins, Katsas, Rogers) held that the same three-year statute of limitations that applies (at least in the District of Columbia) to civil rights claims under Title VI of the […]
On Wednesday, the Supreme Court heard oral arguments on a set of stay applications, consolidated under the caption Ohio v. EPA, that ask the Court to block the Environmental Protection Agency’s Good Neighbor Rule. The rule sets out requirements for 23 upwind states to meet their obligations under the Clean Air Act not to contribute to […]
Last week’s opinions from the D.C. Circuit were for all of us who love federal courts law. Bohon v. FERC was a case that the Supreme Court sent back to the DC Circuit for reconsideration after Axon Enterprise, Inc. v. FTC. New day, same case, same result: the DC Circuit reinstated its judgment that Section […]
For a half-century, cost-benefit analysis has been a mainstay of the regulatory state. Presidents of both parties have either promulgated or retained executive orders mandating regulatory cost-benefit analysis. Many have sought to expand its scope. While so much about regulatory law and policy polarizes the two parties, cost-benefit analysis finds support among Republicans and Democrats alike. […]