On January 27, 2016, the White House Office of Management and Budget (OMB) published its long-awaited revision of Circular A-119 on “Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities.” The new policy was developed through an interagency process that took into account public input received during two […]

In House v. Burwell news, the Obama administration and the House of Representatives have each filed their final briefs on whether Congress has supplied an appropriation for the cost-sharing subsidies. The government has requested oral argument in the case, but a hearing date has yet to be scheduled. What happens when and if the court […]

In November 2015, the Office of the United States Trade Representative (USTR) released the full textof the Trans-Pacific Partnership Agreement (TPP), a free trade agreement that was negotiated by the United States with eleven countries from Asia and the Americas: Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam. The Agreement […]

This week the blog is hosting an online symposium entitled Is Immigration Law Administrative Law?, which is based primarily on a panel by the same name that was part of the 2016 Annual Meeting of the Association of American Law Schools. You can read the entire series, as well as other immigration-related posts, here. My contribution […]

It’s fitting that during our week-long online symposium on the intersection of immigration law and administrative law here at the Yale Journal on Regulation the Federalist Society will be hosting a teleforum Thursday on United States v. Texas — the challenge to the Obama Administration’s executive actions on immigration that the Supreme Court will hear […]

Tonight in a 5-4 decision the Supreme Court stayed the Clean Power Plan regulations, pending judicial review in the D.C. Circuit and subsequent review in the Supreme Court. Here  is the order per SCOTUSblog. To state the obvious, that five Justices are willing to stay the regulations in the D.C. Circuit suggests there are at […]

In my last post, I detailed the kinds of agreements FDA uses with regulatory partners as part of a three-post series that examines FDA through the lens on the growing literature on “global administrative law.” This final post analyzes FDA’s “steepest” commitments with regulatory partners and argues that in the process of contributing to global […]

MEDIA CONTACT: Angela Petro: Angela.Petro@americanbar.orgor 202-662-1582 WASHINGTON (February 8, 2016) – On February 9, 2016, the Energy Committee of the American Bar Association Section of Administrative Law and Regulatory Practice will hold a teleconference on the implications of the U.S. Supreme Court’s recent FERC v. Electric Power Supply Association(EPSA) decision. Panelists Joel Eisen, Professor of […]

In a previous post, I described some recent research on the geographic decentralization of staff and authority within federal government agencies. A key conclusion of that research, and of yesterday’s post, is that the realities of federal governance call into question some key pillars of the conventional wisdom about American federalism. This post addresses a […]

It has generally been quite difficult for taxpayers to challenge alleged abuses of the IRS’s regulatory authority. Under section 7421(a) of the tax code, courts lack jurisdiction over suits “for the purpose of restraining the assessment or collection of any tax.” Commentators generally believe that this statute, commonly referred to as the Anti-Injunction Act, prohibits […]