The Ambiguity in Judge Kavanaugh’s Chevron Critique
Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Trump Never Really Ordered a Halt to Child Separations
The President’s executive order purportedly ending family separations was merely symbolic.
It’s Time to Think Strategically About Retrospective Benefit-Cost Analysis
Retrospective regulatory review should concentrate not only on reducing costs but also on creating benefits, like improving societal well-being.
“Good Cause” Does Not Mean Anything Goes
Despite speculation about his intent to fire the special counsel, President Trump is not above the law.
Learning What Works in Regulation
ACUS recommends agencies take steps to study the impacts of their rules.
After a Federal Climate Policy Retreat, States Should Proceed With Caution
State and local governments must consider the potential legal risks of their climate change policies.
Let’s Be Real About State and Local Climate Action
Federal action is key to effectively addressing climate change.
Let’s Be Real About Trump’s First Year in Regulation
Claims that the Trump Administration has radically reduced regulation are simply not true.
Tax Overhaul Process Retreated from Democracy
Recent legislative process that led to tax changes fell short in terms of key principles of democracy.
On the Pitfalls of Performance Standards
Governments need to consider the limitations of performance standards when choosing regulatory strategies.
Designing Safety Regulations for High-Hazard Industries
New National Academies of Sciences report offers much-needed clarity about regulatory design decisions.
The Legal Risks of Regulating Climate Change at the Subnational Level
State and local regulators will face challenges in trying to pick up the slack after a federal withdrawal from the Paris Agreement.