As I mentioned in my preliminary take on the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, the Court overruled Chevron deference but seemed to preserve some sort of Skidmore “weight” or “respect” while carefully refusing to call it judicial “deference.” As I noted in that post, “[i]t will be fascinating to see how […]
The Pacific Legal Foundation (where I work) has issued a call for papers for its upcoming research roundtable on “Rulemaking by Adjudication.” The deadline for proposal submissions is January 10th. Here is an excerpt from the description (full version available at the PLF website):
We appreciate receiving attention, even if critical, from one of America’s most powerful conservative organizations. Americans for Prosperity (AFP), a libertarian and fiscally conservative advocacy group, has been widely recognized as one of the most influential conservative organizations in American politics. While we appreciate the attention Kevin Schmidt and Thomas Kimbrell of AFP have given […]
What if instead of unlawfully abusing emergency powers for bad things, presidents unlawfully abused them for “good” things? That’s the argument Berkeley Law Professors Elena Chachko and Katerina Linos make in their paper “Emergency Powers for Good,” published in the William & Mary Law Review. They reiterate that emergency powers are often abused by democracies and […]
On April 11, 2025, the NYU Law Review and the Institute for Policy Integrity at NYU School of Law will host a full-day symposium that will explore Where Does Administrative Law Go from Here? The symposium will feature a keynote address from Ricky Revesz, currently the Administrator of the Office of Information and Regulatory Affairs and […]
Every administrative law student knows that a private litigant challenging an agency action must first establish an injury-in-fact. But in addition, the zone-of-interests test further requires that the litigant’s interest be “arguably within the zone of interests to be protected or regulated by the statute.” Association of Data Processing Serv. Orgs., Inc. v. Camp, 397 […]
Next month, the Fourth Circuit will consider a legal argument that could help patch the hole ripped open by the Supreme Court in SEC v. Jarkesy. Jarkesy held that agencies seeking to impose monetary penalties on enforcement targets for securities fraud and other common law-ish claims must proceed in federal court, not their own administrative forums. The Fourth […]
Today the D.C. Circuit held that the Council of Environmental Quality (CEQ) lacks statutory authority to issue rules under the National Environmental Protection Act (NEPA). In Marin Audubon Society v. Federal Aviation Authority, the court declined to consider arguments about whether FAA complied with CEQ’s NEPA rules because it found those rules to be ultra […]
From Timothy Lytton on behalf of the Administrative Law Section of the Association of American of Law Schools (AALS): The executive committee of the AALS section on Administrative Law and the award selection committee are pleased to announce that the winner of the 2025 Emerging Scholars Award for Outstanding Scholarly Publication is Brian D. Feinstein […]
Last year, as part of my prep for the ABA Administrative Law Conference, I put together a list of policy documents that have been issued by the Biden Administration as part of (or related to) efforts to modernize regulatory review. I did this in part because a lot of this material is in different places and […]
Universal remedies are hot, and a number of scholars have weighed in on the specific question of whether the Administrative Procedure Act authorizes a separate remedy of vacatur (sometimes called “universal vacatur”). The leading contributions so far are by, in alphabetical order, Adler, Bamzai, Bremer, Harrison (x2, x3), Levin, Mizelle, and Sohoni (x2). At the […]
Join the Administrative Conference of the United States (ACUS) on Tuesday, November 12 (1 p.m. – 2:30 p.m. ET), and Wednesday, November 13 (12 p.m. – 1:30 p.m. ET), for a public forum series that will explore discrete issues associated with the accelerating integration of artificial intelligence (AI) in federal operations. Over the course of […]
The D.C. Circuit released two opinions this week, and I’ll be covering the one that isn’t about the Second Amendment. In Lee v. Garland, the FBI terminated the plaintiff’s security clearance and fired him. The plaintiff alleged violations of the First Amendment, Fifth Amendment, and Title VII. The court (per Katsas, J.) unanimously held that the […]
This coming Friday, November 8th, the University of Michigan Journal of Law Reform has organized a terrific day-long symposium on the future of agency independence. I’ve attached the schedule with speaker lineup. The student editors have been hard at work planning this gathering, and I’m so excited for the series of conversations we will have […]
One of the more significant rulemaking initiatives under Chair Gensler’s SEC that has not yet been finalized is a proposal to expand the universe of what constitutes an “exchange” for regulatory categorization purposes. This rulemaking has broader relevance than may at first be apparent to market participants, as its implications extend beyond the world […]