Tag Archives: Congress

New Book by Josh Chafetz: Congress’s Constitution (AdLaw Bridge Series)

by Chris Walker — Thursday, June 1, 2017@chris_j_walker

Amazon tells me that Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers is now available for purchase. Over the last few weeks I’ve been reading the publisher proofs as I’ll be reviewing the book for the Michigan Law Review later this year. It’s a terrific read and an important and timely contribution to […]

In Bipartisan Reform of the APA, Is There “Fertile Ground Here to Actually Get Something Done”?

by Adam White — Thursday, Apr. 27, 2017

As Chris noted last night, Senators Portman and Heitkamp introduced legislation to significantly reform and modernize the Administrative Procedure Act of 1946. There is much to be written about this version of the “Regulatory AccountabilityAct,” including its provision for replacing Auer deference with a Skidmore While regulatory reform tends to be construed as a Republican or conservative attack on administrative […]

Feinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge Series)

by Emily Bremer — Saturday, Apr. 22, 2017@emilysbremer

Political control of administrative agencies is a hot topic these days.  And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University Law Review that empirically evaluates how Congressional oversight hearings fit into the picture.  Using an original dataset constructed from inspectors general semiannual reports, Government Accountability Office annual “top management challenges” lists, […]

Regulatory Reform Legislation in the New Congress

by Chris Walker — Monday, Jan. 2, 2017@chris_j_walker

In the Washington Post yesterday, Dave Wiegel penned a fascinating article on the new Congress’s legislative agenda on regulatory reform. Here’s a taste from the article: For six years, since they took back the House of Representatives, Republicans have added to a pile of legislation that moldered outside the White House. In their thwarted agenda, financial […]

Regulatory Reform Legislation, Where Do Things Stand?

by Jeff Rosen — Saturday, Mar. 12, 2016

Regulatory reform legislation has been a lively topic, and is likely to remain so. Next Tuesday, a panel featuring four senior House and Senate professional staff members will address “Congressional Interest in Regulatory Reform” during the 12th Annual Administrative Law Institute in Washington, D.C. And next Wednesday, the Hoover Institute and the ABA Section of Administrative […]

​The Congressional Review Act Revisited

by Jeff Rosen — Monday, Dec. 14, 2015

This month the House of Representatives passed two resolutions under the Congressional Review Act (5 USC 801, et seq .) that disapproved of EPA’s recent rules for greenhouse gases from new and existing power plants. S.J. Resolutions 23 and 24. These two resolutions had already passed the Senate on November 17, 2015. The vote in […]

​Ongoing Interest in Regulatory Cost Budgets

by Jeff Rosen — Thursday, Dec. 10, 2015

This week the Senate Budget Committee held another hearing titled “Moving to a Stronger Economy Through Regulatory Budgeting”. The hearing included three witnesses, including Dr. John Graham, former OIRA Administrator and present Dean of Indiana University’s School of Public and Environmental Affairs; Dr. Jerry Ellig, Senior Research Fellow at George Mason University; and Prof. Robert […]

State Litigation Against Presidential Administration

by Seth Davis — Tuesday, Aug. 11, 2015

Sometimes a gridlocked Congress means that an energized President and ambitious state lawmakers compete to solve the Nation’s social problems. But this competition may not make for innovative solutions. Instead, it may make more for more gridlock. Consider Texas v. United States. There a cadre of states have sued to stop President Obama’s deferred action […]

King v. Burwell Amicus Briefs: The Doctors Weigh In

by Andy Grewal — Sunday, Jan. 11, 2015

This is the fourth in a series of my posts discussing some of the amicus briefs filed in King v. Burwell: Our next amicus brief comes two nonprofits groups, the Association of American Physicians & Surgeons and the Citizens’ Council for Health Freedom, along with some individual physicians (the AAPS brief). I will confess that […]

FERC and EPA: Better Together? (Part 2)

by Bruce Huber — Tuesday, Dec. 30, 2014

This is the second part of a discussion about the relationship between FERC and EPA. In Part 1, I explained that Congress has generally written its environmental statutes without regard for its energy statutes, and vice versa. Recent environmental regulatory activity—in particular, two massive initiatives announced by EPA in 2014—has heightened concerns that EPA and […]