A Major Ruling on Major Questions
In West Virginia v. EPA, the Supreme Court cements the major questions doctrine and strengthens the separation of powers.
Is Chevron Deference Still Alive?
Three takeaways follow from the Supreme Court’s recent opinions ignoring Chevron v. NRDC.
The Supreme Court’s 2021-2022 Regulatory Term
Scholars and practitioners discuss the Court’s most significant regulatory decisions of the last term.
Did Step Zero Help Doom Chevron?
One of the Supreme Court’s most significant administrative law precedents may soon be overturned.
Transferring Military Skills to Civilian Employment
GAO recommends the U.S. Department of Defense improve servicemember credentialing programs.
Cataloging and Clarifying Judicial Review Statutes
Congress should seek to remove procedural obstacles that inhibit statutory access to judicial review.
Improving the Quality of Mass Justice
Agencies need to pursue systematic efforts to provide quality assurance in their adjudicatory processes.
Updating the Congressional Review Act
Congress should modify the Congressional Review Act to enhance clarity and improve oversight of agencies.
Public Access to Agency Adjudicative Proceedings
Agencies should craft rules about public access to their adjudicative proceedings.
Regulating Representatives in Agency Adjudicative Proceedings
Agencies can promote ethical practices by adopting rules of conduct for attorneys and other representatives in adjudication.
Making Inoperative Guidance Accessible to All
Even when agencies change or rescind guidance documents, they should be clearly labeled and readily available to the public.
Improving Transparency and Administrative Accountability
ACUS issues recommendations to improve administrative governance.