Ending EPA’s “Endangerment” Finding
Repeal of EPA’s endangerment finding on greenhouse gases faces hurdles and would threaten regulatory instability.
The Unsettling of Notice and Comment
The Trump Administration has invoked recent Supreme Court decisions to justify unraveling normal rulemaking procedures.
Administrative Deference and Regulatory Consistency
The end of deference to agency statutory interpretations will result in regulatory inconsistency.
Legislative Primacy
President Trump’s recent executive orders challenge Congress’s role in creating policy.
Judicial Constraints on Agency Action
Christopher J. Walker discusses how developments in administrative law doctrines could constrain agency action.
Drilling Down on Loper Bright and Health Care Regulation
The Loper Bright decision leaves hundreds of pivotal health care regulations subject to litigation.
Two Neglected Effects of Loper Bright
The Supreme Court’s decision to overturn Chevron may have two salutary effects on administrative law.