A Road to Infrastructure Reform?
Environmental conservation groups are right to worry that national transmission or pipeline projects could harm local ecosystems and that national corporations and regulators won't know (or care) abo…
Administrative & Regulatory Law News | Winter 2024
Volume 49, Issue 2
Inside this issue
Reflections on Public Service: Administrative Law and Taxpayer Advocacy
The Administrative Conference of the United States and the American Bar Association's Administrative Law Section show attorneys firsthand how administrative law underpins the way the government treat…
The Award for Scholarship in Administrative Law: The Separation-of-Powers Counterrevolution
Presidents and members of Congress have long disagreed about whether a particular bill is consistent with the Constitution's separation of powers.
A Review of Check Your [Deliberative Process] Privilege—Revealing the Foibles of FOIA's Framing via a Ride into the Sunset/Retention Mismatch by Sunhe Wang
The winning paper of the 2023 Gellhorn-Sargentich Law Student Essay competition is a reminder that an empirical focus can identify issues that are crucial to consider in attempting to create administ…
News from ACUS - Winter 2024
A summary of the 80th Plenary Session of the Administrative Conference of the United States and current projects in development.
News from the Circuit
Eighth Circuit Vacates EPA Rule After Agency Relied on Ninth Circuit Order
The saga of the chlorpyrifos regulations reveals the tensions between identifying the best policy, creating a detailed record, and complying with court orders.
En Banc Fifth Circuit Chides FDA for Arbitrary Denial of Vaping Product PMTAs
The question now is whether the Department of Justice will seek certiorari here, and, if so, whether the U.S. Supreme Court will be more interested in the issue now that there is an even deeper circu…
Deeply Divided Court on Preemption of Local Natural Gas Ban
Besides being a consequential case for energy policy, the Ninth Circuit's amended opinion in California Restaurant Association v. City of Berkley affords insight into how the en banc process shapes t…
Supreme Court News
Tea Leaves and Maybe a Stay
The U.S. Supreme Court hears oral arguments on whether to overrule the Chevron doctrine and orders oral arguments on the stay petition in Ohio v. EPA.