My article, West Virginia, the Inflation Reduction Act, and the Future of Climate Policy, in the July issue of the Environmental Law Reporter, examines two momentous events in summer 2022 with broad implications for the nation’s capacity to tackle dangerous climate change. One year ago tomorrow, in West Virginia v. Environmental Protection Agency, the Supreme Court formally […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. The Treasury Department and the White House Office of Management and Budget on June 9 entered into a Memorandum of Agreement (2023 MOA) with the effect that tax and certain other Treasury regulations will not be subject to […]
Here is a belated summary of the D.C. Circuit’s administrative law opinions for the week of June 5. Several pressing questions will be answered, including, just what is a Glomar response? In Schaerr v. DOJ, the D.C. Circuit considered whether several agencies had properly issued a Glomar response to a FOIA request. When an agency […]
Today’s Ad Law Reading Room features “The Founders’ Purse” by Professor Christine Kexel Chabot. Here is the abstract: This Article addresses a new and impending war over the constitutionality of broad delegations of spending power to the executive branch. In an opening salvo, the Fifth Circuit held that Congress unconstitutionally delegated its power of the […]
Many of the judges on the D.C. Circuit were busy last week with law clerk hiring. The “hiring plan” allowed rising 3Ls to submit their applications at noon last Monday and allowed judges to contact them at noon on Tuesday. For those interested, our own Aaron Nielson has evaluated the costs and benefits of the […]
This month marks one year since the Supreme Court decided West Virginia v. EPA, in which the Court expressly named and relied on the major questions doctrine for the first time. It is thus an apt time to take stock of West Virginia’s impact, particularly as we may see yet another landmark major questions doctrine decision from […]
From the Pacific Legal Foundation: Pacific Legal Foundation’s Center for the Separation of Powers and the Harvard Journal of Law & Public Policy seek papers for “Doctrinal Crossroads: Major Questions, Non-Delegation, and Chevron Deference,” a symposium to be held in early 2024 in Boston. In soliciting papers on these ideas, we’re seeking a deeper examination […]
Earlier this month on a Friday afternoon, the Securities and Exchange Commission quietly issued an extraordinary administrative order. In one fell swoop, the SEC unconditionally abandoned more than 40 enforcement cases the agency had previously spent untold staff resources prosecuting over the past decade. In essence, the agency largely shut down what I’ve previously called its “Hotel California” adjudication system. […]
Here is the May 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 and this eJournal are such terrific resources for administrative law scholars and practitioners, check out my first post on the subject here. You can check […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. Executive Order 14,094 (“the Order”),[1] signed by President Biden […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. After issuing a memorandum on “Modernizing Regulatory Review” […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. The recently proposed revisions to Circular A-4—a guidance […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. This essay was originally published in Administrative & Regulatory Law News, the quarterly magazine of the American Bar Association’s Administrative Law and Regulatory Practice Section. Visit here to become a Section member. The Biden Administration has proposed revising the government-wide […]
*This post is part of a symposium on Modernizing Regulatory Review. For other posts in the series, click here. I was pleased to see the new proposed Circular A-4 acknowledge right up front that the “[r]egulatory analysis [it] describe[s] does not supplant any analytic requirements . . . set out in the statutes that authorize or require agency […]
Electromagnetic radio spectrum is the fuel that powers the American commercial wireless industry. And this commercial wireless industry, in turn, powers the American economy with advanced 5G connectivity, ranging the full gamut from facilitating remote work and telemedicine to helping utilities manage their grids more efficiently and allowing farmers increase the productivity of their crops and […]