December was productive month at the Administrative Conference of the United States (ACUS), and we have even more exciting work planned for 2025. Read on to learn about the latest news from ACUS, including the three new recommendations adopted at the Conference’s 82nd Plenary Session and how to get involved in our ongoing study of […]
The D. C. Circuit released only one opinion last week, on the last day of the year, and, fittingly, it involved a January 6 defendant. It will be interesting to see what the New Year brings for these defendants whose criminal activities have occupied so much of the recent time of the courts in the […]
Whether it is PayPal, Venmo, Cash App, or something else, most Americans have used one or more payment platforms. These platforms are usually “viewed as offering a relatively fast, easy, secure, and affordable way of making and receiving retail payments.” Soon, the payment platform marketplace may grow a bit more crowded. In a blog post from January […]
Today’s Ad Law Reading Room entry is “Immigration Status Federalism,” by David Chen, which is forthcoming in the Yale Journal on Regulation. Here is the abstract: Recent subfederal interventions into immigration policymaking have sparked an explosion of federalism scholarship, but nearly all such accounts focus on two domains: enforcement and state benefits. The literature continues […]
With 2024 coming to a close, I’m posting the November list now and will post the December list right after the new year. Here is the November 2024 Edition of the most-downloaded recent papers (those announced in the last 60 days) from SSRN’s U.S. Administrative Law eJournal, which is edited by Bill Funk. For more on why SSRN […]
From the job posting: The Consumer Protection Branch is seeking an attorney to defend the Food & Drug Administration, Consumer Product Safety Commission, Federal Trade Commission, and other federal agencies in civil litigation throughout the country. The attorney will defend against high-profile challenges to agency actions, policies, and programs related to food, drugs, medical devices, […]
The en banc Fifth Circuit released some zingers ahead of the holiday season. In Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp., the court of appeals issued a one-paragraph per curiam opinion—accompanied by 166 pages of concurrences and dissents—blessing a $14.25 million civil penalty against ExxonMobil. The showdown largely focused on standing. Appellate geeks may […]
The U.S. Court of Appeals for the Fifth Circuit recently issued its decision in Van Loon v. Department of the Treasury, a case that has been closely watched by the press and Bitcoin advocates. As set forth below, this decision has important implications for Bitcoin. In particular, it effectively precludes the federal government from banning Bitcoin under the International Emergency […]
“No delay” was the theme last week at the D.C. Circuit. In one case, the court denied a temporary injunction against the TikTok ban-or-sale requirement going into effect. In another case, the court denied a petition for review on the ground that the agency would have reached the same result on remand even without the […]
Happy Holidays! I am excited to announce that my colleague Mikaela (Schulz) Milligan are joining forces with Shane Pennington to bring you a (somewhat) regular column about admin and regulatory cases in the Fifth Circuit. While I have written for Notice and Comment as a Guest Columnist a few times, this post is my first […]
The scope of federal environmental reviews is at stake when the Supreme Court decides the just-argued case Seven County Infrastructure Coalition v. Eagle County. Under the National Environmental Policy Act (NEPA), agencies must analyze the environmental impacts of actions they fund, authorize, or carry out. Those impacts may include both direct impacts from a project as […]
Over the past several years, the conservative legal movement and corporate interests have enjoyed one administrative law victory after another. Admirers of the administrative state have watched in general dismay as regulators’ ability to protect the public health, the environment, and worker safety and organizing rights has dwindled. Despite their chagrin over these developments, progressives […]
That’s the sound of a major opinion from the D.C. Circuit. Last week, in TikTok Inc. v. Garland, the Court of Appeals held that the Foreign Adversary Controlled Applications Act’s provisions about the TikTok platform do not violate the U.S. Constitution. The First Amendment issue got the most treatment. Judge Ginsburg, who wrote the majority […]
With apologies for the delay in between postings, we’re back! Today’s Ad Law Reading Room entry is “The Great Unsettling: Administrative Governance After Loper Bright,” by Cary Coglianese and Daniel Walters, which is forthcoming in the Administrative Law Review. Here is the abstract: “Chevron is overruled.” These three words surely captured more attention than any […]
I’ve got a new piece in the Atlantic about the soon-to-be Department of Government Efficiency. Musk and Ramaswamy’s claims depend much more on the finer points of administrative law than I would’ve expected! I thought about mental models when Elon Musk and Vivek Ramaswamy released an op-ed in The Wall Street Journal making their first major statement about the […]