Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
Important Changes at the Intersection of Antitrust and Administrative Law
Supreme Court changes in administrative law create uncertainty for new antitrust guidance from federal regulators.
Vaccine Mandates and Roads Not Taken
Another regulatory approach to mandate vaccines could have withstood judicial scrutiny.
Mass Comments Should Be Discouraged
ACUS should discourage the submission of mass comments in the notice and comment rulemaking process.
Compromise Between Radicals and Incrementalists in Antitrust Reform
Harmonizing two approaches to antitrust law reform may protect consumer and market welfare most effectively.
The Need to Change Jurisdiction Over the U.S. Electric Grid
When state and local voters prohibit clean energy transmission lines, they halt progress on climate change mitigation.
Cognitive Limits on the Value of Consumer Autonomy
Cold weather spikes in Texas electricity prices reveal the risks of uninformed consumer choice in complex markets.
The Biden Administration Should Abandon the Case Against Google
Government antitrust actions do not work in a high-technology market in which big businesses prove more efficient.
Reason Trumps Pretext
Requiring government institutions to engage in reasoned decision-making mitigates actions made in bad faith.
Ending Legislative Impotence
A recent Supreme Court case suggests Congress needs new processes to legislate effectively and overcome partisanship.
Delegation’s Critics Should Be Careful What They Wish For
The history of the intelligible principle test warrants caution in reviving the nondelegation doctrine.
Natural Gas is Key to Addressing Climate Change
Natural gas continues to play a vital role in reducing U.S. greenhouse gas emissions.