Administrative Law
Ninth Circuit Rejects Trump Administration Acting U.S. Attorney Appointment
A persuasive opinion by Judge Eric Miller curtails the Trump Administration's attempt to color outside the lines.
Fifth Circuit Rejects Energy Department Direct-to-Final Rule on Home Appliances
While the decision rejects a Biden Administration rule, it could cause trouble for the Trump Administration's efforts to avoid notice-and-comment rulemaking too.
Donald Trump's Unsustainable Presidential Administration
The second Trump Administration insists on acting unilaterally, and that will make many of its policy changes unsustainable over time.
Divided D.C. Circuit Panel Upholds Injunction Against White House Ballroom Construction; Next Stop, One First Street
Judge Rao writes a powerful dissent that is likely to find a receptive audience at One First Street.
Gordon-Darby Renews Attempt to Commandeer New Hampshire Through the Clean Air Act
A renewed suit seeking to leverage the Clean Air Act in pursuit of lucrative government contracts.
Is There Actually an Error in the Supreme Court's Analysis in Loper Bright?
Did the Administrative Procedure Act apply in Chevron v. NRDC?
"There Is an Error in the Supreme Court's Analysis in Loper Bright."
The Supreme Court's Chevron decision did not cite the Administrative Procedure Act perhaps because it was not an APA case.
Will Courts Uphold the EPA's Rescission of the "Endangerment Finding"?
The legal arguments put forward by the EPA are weak and unpersuasive, and could undermine the Administration's position in other climate litigation.
The End of Independent Agencies
The death of Humphrey's Executor was foretold, but some of the consequences may not have been anticipated.
What Happened to End Citizens United PAC v. FEC?
The D.C. Circuit reheard the case en banc over sixteen months ago, but there's still no opinion.
Here Are Some Ways SCOTUS Can Constrain Federal Agencies That Are Now Subject to Trump's Untrammeled Control
The Supreme Court has "no shortage of tools" to enforce the separation of powers, Justice Neil Gorsuch notes. "The only real question is whether we will use them."
Trump Administration Sweeps All of the (Other) Immigration Cases at SCOTUS
With the Birthright Citizenship case still undecided, the Trump Administration has prevailed in every other immigration case before the Court this term, and some are quite consequential.
Gordon-Darby Prepares to Renew Effort to Commandeer New Hampshire in Order to Maintain Emissions Testing Contract
Since it lost its first case on technical procedural grounds, the company plans to try again.
Forum on "Emerging Applications of the Congressional Review Act"
A discussion on the legal background and implications of using the Congressional Review Act to rescind the waiver of California vehicle standards.
Supreme Court "Shadow Docket" Order Preserves Mifepristone Via Telemedicine--For Now
The Court stayed a lower court order that would have blocked FDA rules allowing the prescription of mifepristone to terminate pregnancies via telemedicine.
The Mifepristone Briefs Are In, But One Dog Did Not (Yet) Bark
It appears the Supreme Court will decide the fate of telemedicine prescriptions for mifepristone without the benefit of an FDA filing.
Justice Alito Enters Administrative Stay of Mifepristone Order
The Court responds to the mifepristone shadow docket filings.
Mifepristone Returns to the Shadow Docket
Drug makers seek interim relief after the U.S. Court of Appeals for the Fifth Circuit blocks FDA rule allowing mifepristone prescriptions via telemedicine. (With Update Below.)
Solicitor General Asks Supreme Court to Eighty-Six Energy Conservation Rule
The Trump Administration is refusing to defend a D.C. Circuit decision upholding a flawed energy conservation ruie.
Ninth Circuit Dismisses Kids Climate Case Against Discounting in Cost-Benefit Analysis
The kids climate cases continue to have standing problems in federal court.
Can the Government Ban You from Telling the Truth?
Mark Chenoweth discusses the SEC’s gag rule, the power of the administrative state, and the legal battle over whether regulators can silence their critics.
Is This the End of Endangerment?
The Environmental Protection Agency is reportedly prepared to rescind the "endangerment finding" that underpins the regulation of greenhouse gases under the Clean Air Act.
Nondelegation and the Limits of Agency Authority After Consumers' Research and Loper Bright
A recent Federalist Society Teleforum with Adam White and Ilan Wurman
Trump's Marijuana Order Vindicates Longstanding Criticism of the Plant's Legal Classification
In addition to its symbolic significance, rescheduling the drug will facilitate research and provide tax relief to state-licensed cannabis suppliers.
D.C. Circuit Upholds Energy Department Ban on Non-Condensing Furnaces and Water Heaters
After this decision, rescinding this Biden Administration rule may be more difficult.
District Court Dismisses Another Kids Climate Suit, As Existing Law Requires (Updated)
A suit asking a district court judge to undo every Trump Administration energy policy initiative is dismissed with prejudice; appeal to follow.
Why Trying to Undo the Endangerment Finding Is A High-Risk (and Low-Reward) Deregulatory Strategy
EPA Administrator Lee Zeldin says the Endangerment Finding is the "holy grail" of climate policy. Perhaps it's really they great white whale.
Why the Supreme Court Might Uphold Trump's Tariffs
The Administration's arguments have more doctrinal support than some might think
Fifth Circuit Upholds Injunction Against NLRB Proceedings, Distinguishing Humphrey's Executor
The Court concludes that limitations on the removal of NLRB Board members and NLRB administrative law judges are both unconstitutional.
Does the Congressional Review Act Bar the FCC's Data Breach Reporting Rule?
The Sixth Circuit wrestles with what it means for a regulation to be "substantially the same" as one disapproved by Congress.
Sixth Circuit Rejects Associational Standing in Medicare Drug Pricing Challenge
An easy way to avoid the merits in the latest high-stake health care litigation.
SCOTUS Stays Injunction Against Removal of CPSC Commissioners
Further indication that independent agencies will not be "independent" much longer.
NYT: EPA Embarking on Endangerment Finding Fool's Errand
A new report suggests the Trump EPA is not content with cutting off stationary source regulation of greenhouse gases.
Eleventh Circuit Upholds For-Cause Removal Requirement for Administrative Law Judges
Will the en banc court agree? Will the Supreme Court?
When Does a Regulation Become Final?
The D.C. Circuit resolves a dispute over which set of visa regulations bind the public.
The 8th Circuit Court Was Right To Kill the FTC's 'Click-to-Cancel' Rule
The Federal Trade Commission ignored mandatory regulatory impact analyses in an attempt to institute its "click-to-cancel" rule.
A Broad Ruling Against Trump's Immigration Policies Illustrates Alternatives to Universal Injunctions
Class actions and Administrative Procedure Act claims can achieve much the same result as the nationwide orders that the Supreme Court rejected.
Trump's 'Giant Win' Does Not Validate His Unconstitutional Birthright Citizenship Order
Tellingly, the president avoided defending his dubious interpretation of the 14th Amendment at the Supreme Court.
A Supreme Court Course Correction for NEPA
The significance of the Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County
"The Central Principle of Judicial Review in NEPA Cases Is Deference"
Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.
Supreme Court Narrows Scope of NEPA Review
Environmental Impact Statements do not have to consider upstream and downstream effects.
The Trump EPA's Plan to End Greenhouse Gas Emission Regulation from Stationary Sources
Instead of making a headlong rush at the endangerment finding, the Administration is adopting a more targeted deregulatory strategy.
Trump's Mass Cancellation of Student Visas Illustrates the Lawlessness of His Immigration Crackdown
A federal judge blocks the administration's "Student Criminal Alien Initiative," which targeted foreign students who had no criminal records.
Baude on Trump v. Wilcox: "Predictable and Reasonable"
A defense of the Supreme Court's decision to let President Trump remove members of the NLRB and MSPB.
