Cost-Benefit Analysis According to the Trump Administration
Scholar argues that the Trump Administration has discredited cost-benefit analysis.
Justice Stevens’s Legacy to the Administrative State
The late justice’s opinion in Chevron v. NRDC has greatly shaped judicial reasoning about administrative law.
Regulating Safety After Merck v. Albrecht
In Merck v. Albrecht, the issue of federal preemption has crossed over the typical conservative and liberal divide.
Endangered Deference
The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.
Deference After Kisor
A recent Supreme Court decision could reshape judicial deference of agency actions.
Gundy, Nondelegation, and Never-Ending Hope
The intelligible principle standard lives to see another day—but for how long remains unclear.
The Supreme Court’s 2018–2019 Regulatory Term
Commentators highlight the ramifications of the Court’s most significant regulatory cases.
What Does Risk-Based Regulation Mean?
Risk-based regulation requires regulators to choose which decision-making principles to apply.
Considering Cumulative Regulatory Costs in Economic Analysis
The latest Economic Report of the President highlights the importance of studying cumulative regulatory costs.
OMB’s New Approach to Agency Guidance Documents
Research fellow argues that a recent OMB memo could improve regulatory lawmaking.
Public Engagement in Rulemaking
Agencies should work to expand public engagement efforts beyond notice and comment.
Recusal Rules for Administrative Adjudicators
ACUS’s recommendation on recusal could improve federal agency adjudication.