This week the George Mason Law Review published the accompanying print issue to its Fall 2023 Symposium, Chevron on Trial: The Supreme Court and the Future of Agency Authority and Expertise. The focus of the symposium was the fate of Chevron deference in light of the Supreme Court’s pending decisions in Loper Bright Enterprises v. […]
There has been a quiet but noteworthy development in the litigation of the Environmental Protection Agency’s Good Neighbor Rule—adding a new administrative law wrinkle to a case with already big administrative law implications. On February 21, the Supreme Court heard oral argument on a set of stay applications, consolidated under Ohio v. EPA, that ask the Court to block […]
A vigorous debate recently has emerged over whether the APA authorizes federal courts to vacate agency action on judicial review. Perhaps because this debate is an outgrowth of the longer-running dispute over “nationwide” or “universal” injunctions, it is operating on the premise that vacatur is a remedy, like an injunction or a declaratory judgment. I’m […]
Take a look at the award deadlines provided below to get detailed information about the requirements and guidelines. Gellhorn-Sargentich Law Student Essay Award Competition Created in 2006, the Gellhorn-Sargentich Law Student Essay Award Competition honors the memory of two men who left us too soon, Ernest Gellhorn, a distinguished law dean, administrative law professor, and […]
Earlier this week, Max Sarinsky published an excellent piece about how agencies could get ahead of major questions doctrine (MQD) challenges to new rules. That blog post, which drew heavily from Sarinsky’s new law review article with Richard Revesz, argues that agencies should follow the lead of the Environmental Protection Agency and articulate specific regulatory antecedents to […]
Our constitutional order contains an “anti-power-accumulation principle.” This principle has three components: first, power must be formally and functionally exercised exclusively by the intended actor–be it the state or federal government, one of the branches within those respective governments, or the people, whether as individuals or acting through a formal or informal association, such as a corporation; second, there […]
The Justice Department’s March 21, 2024 monopolization lawsuit against Apple implements the last piece of an agreement reached between the FTC and DOJ in June of 2019 ceding Facebook/Meta and Amazon to the FTC and Google and Apple to the DOJ. There was never much of a question about whether the federal agencies and their state Attorney General counterparts would launch […]
Corner Post v. Board of Governors of the Federal Reserve System,[1] recently argued in the Supreme Court, mainly concerns the limitations period for judicial review of agency decisions. The case also raises issues about administrative law remedies, which came up briefly at the argument. Important for both sets of issues is that Corner Post, a private […]
In a forthcoming law review article, Richard Revesz and I contend that agencies should preemptively rebut challenges under the major questions doctrine by drawing parallels to past agency actions. A recent federal regulation offers a template for this analysis. In its pollution standards for new vehicles issued last week, the Environmental Protection Agency extensively responded to claims that […]
In the Trump era, I made several posts that explored how separation-of-powers principles might protect the President from prosecution, regarding his alleged interference with Department of Justice investigations. I have now written a longer piece, The President’s Criminal Immunity. The abstract is below: This Essay addresses a monumental question that the Supreme Court will soon […]
The D.C. Circuit issued just one opinion this past week, holding that the Postal Regulatory Commission, on remand from a prior decision of the D.C. Circuit, had adequately addressed the issues identified in the prior decision. The case is United Parcel Service, Inc. v. Postal Regulatory Commission, No. 23-1006, and the decision was written by […]
Cherry blossoms are starting to bloom here in Washington, D.C., which can mean only one thing in the ACUS-sphere: Spring Committee season has begun! Read on to learn more about the projects that will be coming before ACUS committees this spring, when committees will convene to consider them, and how our recent website redesign has […]
In SEC v. Jarkesy, the Supreme Court is poised to hold that whenever the SEC seeks to impose monetary penalties on enforcement targets for securities fraud, it must proceed in federal court and not inside its own administrative forum. Many observers predict such a holding would significantly impact SEC enforcement. But maybe not. In a new paper, […]
Today’s Ad Law Reading Room entry is “FDA Leads, States Must Follow,” by Catherine M. Sharkey and Daniel J. Kenny, which is forthcoming in the Washington University Law Review. Here is the abstract: As deference to administrative agencies has steadily come under attack, the FDA is a desert oasis. Courts have long deferred to the […]
The Judicial Conference of the United States recently directed federal district courts to assign cases that seek broad relief, such as a challenge to a federal regulation, randomly on a district-wide basis. The judicial conference’s guidance follows similar statements by the American Bar Association, proposals to amend the federal rules, and proposed legislation. In any other era, this minutia of […]