All Essays

Credible and Stable Regulation Encourages Voluntary Climate Action

Credible and Stable Regulation Encourages Voluntary Climate Action

President Obama’s Clean Power Plan prompted companies to expand transparency about their carbon emissions.

The National Injunction and the Administrative Procedure Act

The National Injunction and the Administrative Procedure Act

Critics of national injunctions should not stretch the meaning of key words in the APA.

Using Blockchain to Improve Regulatory Analysis and Reform

Using Blockchain to Improve Regulatory Analysis and Reform

Blockchain could provide essential data on the effectiveness of regulations.

Week in Review

Week in Review

Court rules Borrower Defense Regulation must not be delayed, EPA to waive fuel regulations in the Carolinas, and more…

Pipeline Opposition Impedes Climate Change Mitigation

Pipeline Opposition Impedes Climate Change Mitigation

More pipelines and electricity transmission lines would bolster the fight against climate change.

Overruling Chevron Could Make Congress Great Again

Overruling Chevron Could Make Congress Great Again

Limiting judicial deference to agencies would strengthen environmental policy and democratic accountability.

How Regulatory Agencies Undervalue Life

How Regulatory Agencies Undervalue Life

Agencies should boost penalties for fatal rule violations to match the value of a statistical life.

Get Moving With Climate Action

Get Moving With Climate Action

Former EPA Administrator urges the public to take action against climate change.

Week in Review

Week in Review

Kavanaugh testifies that Roe is settled as a precedent, Facebook and Twitter executives testify before the Senate Intelligence Committee, and more…

The Ambiguity in Judge Kavanaugh’s Chevron Critique

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh’s Activist Vision of Administrative Law

Judge Kavanaugh’s Activist Vision of Administrative Law

In his D.C. Circuit cases, Judge Kavanaugh tends to disfavor most agency interpretations of statutes.