D.C. Circuit Review – Reviewed: An Update on Lucia

by Aaron Nielson — Friday, June 14, 2019@Aaron_L_Nielson

Apologies: This is a quick post; I’m traveling this week. Summers in the D.C. Circuit are busy. And it is now summertime. We have eleven opinions this week. Before getting to those cases, however, I want to discuss an update on a case that bounced around within the D.C. Circuit for a while before it […]

Presidential Administration via Litigation, By Bijal Shah

by Guest Blogger — Sunday, June 9, 2019

This spring, I had the pleasure of participating in the Yale Journal on Regulation conference on “Regulatory Change & the Trump Administrative.”  I was honored to be a speaker on the “Changes in Administrative Law in the Executive Branch” panel, along with Professors Gillian Metzger (Columbia) and Bridget Dooling (George Washington).   Our moderator was Professor Nicholas […]

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Ninth Circuit Review-Reviewed: CFPB Survives Another Separation of Powers Challenge, But Agency Isn’t Yet in the Clear, by William Yeatman

by Guest Blogger — Sunday, June 9, 2019

Welcome back to Ninth Circuit Review-Reviewed, your monthly recap of administrative law before arguably “the second most important court in the land.” Let’s get straight to last month’s controversies. The Elusiveness of Plain Meaning in Organic Statutes Outside of date-certain deadlines, are enabling acts ever truly plain? This week’s lead case presents an instance where […]

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D.C. Circuit Review – Reviewed: Catnip for #AppellateTwitter

by Aaron Nielson — Friday, June 7, 2019@Aaron_L_Nielson

It’s remarkable how much nonsense (or worse) can be crammed into 280 characters. #NationalDoughnutDay, indeed. And I even like donuts! Bah humbug. To all of it, I say #GetOffMyLawn. That said, I enjoy learning about new things. And a good way to do that is Twitter. Granted, the nonsense-to-sense ratio could be better. But there […]

“Bureaucracy and Presidential Administration” — A Call for Papers

by Adam White — Friday, June 7, 2019

With the last academic year now behind us, George Mason University’s C. Boyden Gray Center for the Study of the Administrative State is now looking forward to the coming year’s academic programs. And we will start in September with an interesting, challenging, and timely subject: the relationship between federal agencies’ politically appointed leadership and the […]

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DC Circuit Historical Society Event, 6/13 4:30PM: Rearguing Chevron v. NRDC

by Chris Walker — Wednesday, June 5, 2019@chris_j_walker

Next Thursday, June 13th, the Historical Society of the District of Columbia Circuit presents the inaugural Judge Patricia M. Wald Program on Life and Law in the Courts of the D. C. Circuit: In the Case of Statutory Ambiguity, Who Decides? – Chevron Revisited. Here are the details: Date: Thursday, June 13, 2019 Time: 4:30 p.m. […]

Advisory Opinions, Remedial Discretion, and Non-APA Programmatic Challenges: Center for Biological Diversity v. U.S. Forest Service

by Bernard Bell — Tuesday, June 4, 2019

You may be familiar with fictional gunmen’s euphemistic boast: “the victim died of poising, lead poising!”  Apparently in the Kaibab National Forest, located largely in northern Arizona, animals die from euphemistic and non-euphemistic lead poisoning.  First, hunters shoot big game (such as bison and elk) using lead ammunition, a euphemistic “lead poising;” then scavengers, such as […]

71st Plenary Agenda: Comments Due June 6 (ACUS Update)

by Emily Bremer — Wednesday, May 29, 2019@emilysbremer

The Administrative Conference will host its 71st Plenary Session on Thursday, June 13th at the George Washington University Law School, in the Jacob Burns Moot Court Room at 2000 H Street NW, Washington, DC 20052. The Assembly will consider amendments to ACUS’s bylaws and four recommendations. From the Federal Register notice announcing the meeting, the recommendations address […]

Two Regulatory Reform Bills Introduced

by Bridget C.E. Dooling — Wednesday, May 29, 2019@BridgetDooling

Following up on my post about a Congressional hearing on regulatory reform before the U.S. Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal Management (RAFM), two new bills were introduced on May 13. Both bills grew out of that hearing (video & written testimony available on the HSGAC website). The Early […]