*This is the introduction to a symposium on William Novak’s New Democracy: The Creation of the Modern American State. For other posts in the series, click here. For a generation, William Novak has been a major influence on scholarly discourses in legal history, public law, and American political development. Against the stereotypical narrative that American government before […]
After a busy week last week—when the Court released ten cases—there was some speculation that the Court might take it easy this week. Not quite. The Court released nine more opinions, including seven administrative law cases, one of which involves a second-round loss for an agency. Two of the cases were direct criminal appeals. First, […]
The Supreme Court ended its most recent term with a slew of blockbuster decisions, one of which was West Virginia v. EPA. Professor Kristin Hickman published a terrific piece about the case on this blog, describing the holding and offering her thoughts on the opinion in general. The opinion rested on what some have described […]
Administrative law in Ohio has courts and practitioners flummoxed. Less than two years ago on this Blog, Ohio Supreme Court Justice Pat DeWine explained why. The state’s Chevron-like doctrine—which says courts must defer to agency constructions of ambiguous statutes—is in disarray. As Justice DeWine wrote then, not even he could “articulate Ohio’s doctrine on administrative […]
As readers of Notice & Comment know, the Fifth Circuit has an active administrative law docket and often serves as a proving ground for cases on their way to the Supreme Court. This has been a regular column for the past few years, and I’m excited to take-up regular coverage and commentary on the court […]
It was a busy week in the D.C. Circuit.* The Court decided 10 cases — some of which are quite substantial. Because there are so many opinions this week, I’ll set aside the cases (Bernier v. Allen and United Mine Workers v. Energy West Mining Co.) that don’t involve administrative law. I’ll also ignore In […]
Last week brought three new opinions from the D.C. Circuit and one revised opinion. Two of the new opinions deal with administrative law, so let’s start there: First up is Crowley Government Services, Inc. v. GSA, which involves one of the first things I learned about as a baby lawyer at the Federal Programs Branch […]
The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship. The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]
Quickly, which of the following two actions most burdens the practice of religion: (a) Preventing a football coach from praying at the 50-yard line after a game? (b) Allowing a copper mine to take over one of the most sacred sites of a religion? The intuitive answer is surely the latter. But the actual answer […]
At long last (for those of us who watch for these decisions), the Supreme Court has issued its decision in West Virginia v. Environmental Protection Agency, a case challenging the EPA’s Clean Power Plan regulations under the Clean Air Act. Scholars and others anticipated the decision as a potential vehicle for reinvigorating the nondelegation doctrine. […]
In West Virginia v. EPA, the Supreme Court held that the emission limits adopted by the Environmental Protection Agency (EPA) in the Clean Power Plan exceeded the agency’s authority, because the Clean Air Act did not clearly authorize the agency to “restructure the American energy market.” Ordinarily, courts would review the interpretive issue under the […]
The American Bar Association’s Section of Administrative Law and Regulatory Practice (the Section) is pleased to invite applications for its ABA Administrative Law Fellowship. The fellowship, established in 2021, aims to diversify the cohort of legal academics in administrative law and regulatory practice by positioning lawyers currently in practice to be successful job candidates in […]
Last week, a sequel led the box office at 333 Constitution Ave., NW. With a script by Judge Millett, it featured the FCC, a star of administrative law opinions at the D.C. Circuit. While Northstar Wireless, LLC v. FCC did not break new ground, those looking for the comfort of the familiar will find something […]
The National Marine Fisheries Service (“NMFS”) published a rule requiring owner and operators of for-hire vessel operating in the Gulf of Mexico to (1) install GPS devices that constantly archived the vessel’s locations, and (2) allow federal fisheries enforcement personnel access to the information. A group of charter boat captains and owners challenged the regulation, […]
On July 21, 2020, the National Marine Fisheries Service (“NMFS”) published a rule requiring owners and operators of for-hire vessel operating in the Gulf of Mexico to submit electronic fishing reports upon their return to port “prior to removing any fish from the vessel” (or within 30 minutes if no fish had been retained). Even […]