A Backwards Idea from the FCC
The public should not be required to submit copies of material cited in rulemaking comments.
The Need for a Judicial Check on Regulatory Compliance Orders
The Supreme Court should hold in favor of judicial review in Sackett v. EPA.
Online Regulatory Consultation in China
The Communist Party uses e-rulemaking to maintain its popularity.
Calibrating Chevron for Preemption
Regulatory preemption of state law should be tied to the presence of a preemption clause.
CPR Report on OIRA’s Meetings Ignores Their Context
Increased regulatory action under Obama means that OIRA has more regulations to review.
Is the Regulatory Sky about to Fall?
Claims that the Regulatory Accountability Act will paralyze agencies have a long pedigree.
Agencies Should Pay For Any Copyrighted Materials They Incorporate by Reference
Incorporated materials may be difficult to obtain, so agencies must make them available at their own expense.
The Challenges of Emergency Risk Regulation
As not all crises can be anticipated, it is important to understand emergency regulation.
“Deference” is Too Confusing – Let’s Call Them “Chevron Space” and “Skidmore Weight”
Distinct concepts clarify judicial review of U.S. agency decision making.
Bipartisan Bill Would Add Procedural Hurdles to Agency Rulemaking
Bill places special emphasis on rules with a high impact on the economy.
What Can We Learn From the Unified Regulatory Agenda?
Semiannual government report speaks to timely debate over federal regulations.