The Promise and Peril of ChatGPT in Informal Rulemaking
One of the major challenges agencies have faced because of the transition to e-rulemaking has been the increase in the number of comments on some high-profile rulemaking.
Administrative & Regulatory Law News | Summer 2023
Volume 48, Issue 4
Inside this Issue
The Major Questions Doctrine Applied: Evidence from the Lower Courts
Judges have taken vastly different approaches to interpreting West Virginia v. EPA and applying the doctrine, both across and within circuits.
Regulation by Enforcement
Agencies that test the bounds of their own authorities may invite broader scrutiny of administrative law, if not also the administrative state.
Supreme Court News - Summer 2023
Highlights from opinions the Supreme Court issued at the end of the 2022 term, including a major appearance of the major questions doctrine and a new federalism canon.
News from the Circuit
Thoughts on the Unitary Executive from the D.C. Circuit
The U.S. Supreme Court has broadly embraced the unitary executive theory's view that, because the President controls the entire Executive Branch, he must be able to fire subordinate officials.
En Banc Fifth Circuit Takes Sides in Circuit Split Over Deference to Sentencing Guidelines Commentary
An overview of United States v. Vargas and the holding that Stinson v. United States continues to control judicial sentencing.
Ninth Circuit Resolves Intra-Circuit Split on "Whole Record" Doctrine
In Blue Mountains Biodiversity Project v. Jeffries, a Ninth Circuit panel held that only in narrow circumstances are deliberative materials required to be part of the administrative record.
News from ACUS
79th Plenary Session and Project Updates
A summary of recommendations adopted by the Administrative Conference of the United States and current projects related to user fees, congressional constituent service inquiries, and improving timeli…