Monthly Archives: April 2019

Capitol Hill Conference Next Week (5/2): The Constitution’s First Branch⏤Rediscovering the Legislative Power

by Chris Walker — Wednesday, Apr. 24, 2019@chris_j_walker

Next Thursday, May 2nd, the C. Boyden Gray Center for the Study of the Administrative State will be hosting a conference on the Hill entitled The Constitution’s First Branch⏤Rediscovering the Legislative Power. Jonathan Adler and I will be participating on the first panel to discuss our current project on Congress’s role in addressing the temporal issues […]

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Retreating on Affirmative Disclosure: The Case of APHIS’s Publicly-Available Enforcement Databases

by Bernard Bell — Wednesday, Apr. 24, 2019

Summary:  This post chronicles a story of enforcement failure, shaming remedies, and replacement of proactive disclosure with reactive disclosure.  In February 2017, the Animal and Plant Health Inspection Service (“APHIS”) “took down” publicly-available databases and re-populated them with significant redactions.  The D.C. Circuit recently opined on APHIS’s action in PETA v. U.S. Department of Agriculture. […]

Administering Democracy: Policing a Partisan Census

by Jennifer Nou — Monday, Apr. 22, 2019@Jennifer_Nou

The Census Case, argued tomorrow, could influence elections for the next decade. The decennial count forms the basis for the apportionment of congressional districts and state redistricting efforts. Suffice to say that a lot of hand-wringing goes into counting people. No wonder that litigation was swift to follow the Secretary of Commerce’s decision last March […]

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Request for Proposals: Duke Law Journal’s 50th Annual Administrative Law Symposium

by Chris Walker — Monday, Apr. 22, 2019@chris_j_walker

From the Duke Law Journal editors: The Duke Law Journal invites proposals for its 50th Annual Administrative Law Symposium, to be held in February 2020, at Duke University School of Law in Durham, North Carolina. The Duke Law Journal’s Administrative Law Symposium has been the premier administrative law event for over four decades. Previous symposia […]

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Chevron and FOIA Exemption 3 Statutes

by Bernard Bell — Saturday, Apr. 20, 2019

Summary:  Recently, in Wolk Law Firm v. U.S., — F.Supp.3d —, 2019 WL 1528433 (E.D. Pa. April 9, 2019), a federal district judge held that a passenger cell phone recording of a cockpit was a “cockpit voice and video recorder recording” that the NTSB could withhold from a FOIA requester.  In doing so, the judge […]

D.C. Circuit Review – Reviewed: An “Admin Law”-ish Week

by Aaron Nielson — Friday, Apr. 19, 2019@Aaron_L_Nielson

The D.C. Circuit issued an opinion this week about legislative prayer. This prompts a question: Should I blog about it? I think the opinion is well written. I also think the subject is important. Yet the opinion hardly seems related to administrative law — and this blog is hosted by the Yale Journal on Regulation […]

ABA AdLaw Section Chair Judy Boggs Assigned as Chair of the U.S Department of Labor’s Benefits Review Board

by Chris Walker — Thursday, Apr. 18, 2019@chris_j_walker

Press release from the U.S. Department of Labor: WASHINGTON, DC – The U.S. Department of Labor announced that Judith S. Boggs has been assigned to chair the Department’s Benefits Review Board. Boggs assignment comes upon the departure of Betty Jean Hall, who retired as board chair on March 31, 2019. Prior to this appointment, Boggs served […]

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OMB Leveraging the CRA to Add to Its Oversight of Independent Regulatory Agencies, by William Funk

by Guest Blogger — Thursday, Apr. 18, 2019

Last week, the acting director of the Office of Management and Budget (OMB) issued a memorandum to all agencies regarding compliance with the Congressional Review Act (CRA). This memo supersedes one issued in 1999 and pulls independent regulatory agencies – specifically designed by Congress to be less prone to political interference than executive agencies – into a […]

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15th Annual Administrative Law and Regulatory Practice Institute, May 31, 2019, at Ritz-Carlton in Pentagon City, VA

by Chris Walker — Thursday, Apr. 18, 2019@chris_j_walker

2019 Spring Conference | 15th Annual Administrative Law and Regulatory Practice Institute Friday May 31, 2019 | Ritz-Carlton Pentagon City, Arlington, VA We are excited to announce that the 2019 Spring Conference, 15th Annual Administrative Law and Regulatory Practice Institute will take place on May 31st at the Ritz-Carlton Pentagon City, registration includes the full […]

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The Trump Deregulation Scorecard Will Impact Public Health & the Environment for Generations, by Elizabeth Glass Geltman

by Guest Blogger — Monday, Apr. 15, 2019

After two years in office, the numbers are clear. The Trumps administration has accomplished an astonishing rate of deregulation of public health and environmental protections. When the president issued Executive Order 13771 (entitled “Reducing Regulation and Controlling Regulatory Costs”), he announced a goal of requiring all federal agencies to embark on two deregulatory actions for […]

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