The D.C. Circuit opened 2023 with what could turn out to be the slowest week of the year. The court issued no opinions. It heard no oral arguments. And it issued only two brief unpublished judgments. I don’t begrudge the judges, clerks, and court staff their rest. But I must say it would’ve been helpful, […]
The Federal Trade Commission (“FTC”) is in the news for a recent Notice of Proposed Rulemaking (“NPRM”) that would outlaw non-compete agreements. The FTC on Thursday proposed a new regulation, deeming it “an unfair method of competition for an employer to enter into or attempt to enter into a non-compete clause with a worker; maintain […]
December 11, 2022, marked the centennial of the U.S. Supreme Court’s landmark regulatory takings decision—Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). Readers familiar with land-use law are likely well-acquainted with the case most often identified as the beginning of the “regulatory takings” doctrine. But it takes some digging to fully appreciate Pennsylvania Coal’s consequential—though […]
*This is the introduction to a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Regulations on the books can do little good if they are seldom followed. Only if regulations induce compliance—and change the behavior of the businesses and other entities to which […]
*This is the first post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. With her new book Next Generation Compliance: Environmental Regulation for the Modern Era, Cynthia Giles offers a comprehensive and uniquely well-informed view of the state of compliance with […]
*This is the second post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Environmental problems are human behavior problems. Thus, designing environmental solutions relies as much on our understanding of how best to change human behavior as it relies on our […]
*This is the third post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. No one disputes the central role that enforcement plays in any regulatory regime. In its latest Strategic Plan, the federal Environmental Protection Agency states that “A robust compliance […]
*This is the fourth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. “Let’s decide to learn faster” (p. 277). Cynthia Giles closes the last chapter of Next Generation Compliance with this simple, powerful admonition for improving regulatory performance. Drawing from […]
*This is the fifth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Next Generation Compliance by Cynthia Giles is a must read for anyone interested in how environmental regulations actually work (or don’t work). Giles’ book is dedicated to identifying […]
*This is the sixth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Textbook environmental compliance goes a bit like this: After Congress passes a statute, EPA writes rules to set pollution standards, informed by a cost-benefit analysis. Cooperative federalism means […]
*This is the seventh and final post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Anyone involved in the debates about environmental policy knows how uncommon it is for environmental lawyers, economists, and practitioners to agree. So, I am thrilled that […]
Happy New Year! As 2023 begins, let’s look back at last year and review D.C. Circuit Review—Reviewed. It was a busy year at the D.C. Circuit, except when it wasn’t (see here, here, here, and here, and here too. Also here. I could cite more silent weeks from the D.C. Circuit, if you’d like. We […]
This coming week is the annual meeting of the Association of American Law Schools (AALS) in San Diego. I will be there from Thursday through Saturday, and I hope to catch up those who will be attending. The administrative law programming at the AALS annual meeting looks terrific. Here’s a list of the programming that […]
In a widely anticipated move, the House Ways & Means Committee released a report on how the IRS audited Donald Trump’s tax returns. The W&M report along with the related Joint Committee on Taxation report show that Trump had ongoing audits with the IRS before he assumed office. The IRS continued those audits throughout the […]
In 2016, I wrote a lengthy post about Christmas in the D.C. Circuit. Well, it is Christmas again, so why not repost it as I’ve done in the past? Be warned, though: Christmas is not always jolly. Consider, for instance, the case of Anderson v. White, decided by the Court of Appeals for the District of Columbia (which eventually became […]