Associate Justice Brett Kavanaugh addressed questions on a range of questions at a recent Notre Dame symposium.
Another potential legal setback for the FDA's attempt to regulate electronic cigarettes as tobacco products.
A majority of judges concluded the plain language of the statute does not apply to bump stocks, but they also would have denied Chevron deference had they found the statute ambiguous.
Zion’s attempts to push out unwanted renters collides with Fourth Amendment protections.
The EPA and Army Corps have finalized a revised definition of "waters of the United States," which defines the scope of federal regulatory jurisdiction under the Clean Water Act.
A new opinion concludes Ohio courts need not defer to agency interpretations. The justices are not unanimous, but no justice writes in favor of deference.
A split U.S. Court of Appeals for the D.C. Circuit denied an en banc petition challenging the Federal Election Commission's failure to pursue claims against New Models.
The Solicitor General's brief defending how the CFPB is funded contradicts what the agency and others have said in the past.
The justices refuse to vacate the injunction against President Biden's student loan forgiveness policy, but accept certiorari.
Is the federal government giving up on statutory stare decisis?
The U.S. Court of Appeals for the Sixth Circuit disagrees on whether the word "image" is ambiguous.
Fifth Circuit: Horseracing Integrity and Safety Act Unconstitutionally Delegates Power to a Private Entity
A rare, successful nondelegation challenge in the U.S. Court of Appeals for the Fifth Circuit.
The Biden Administration has reportedly asked for Commissioner Magnus's resignation, but he has refused to go.
A new proposed regulation may test the limits of the Executive Branch's authority to impose regulatory requirements on federal contractors.
Another appellate court recognizes that federal courts lack jurisdiction to consider legal challenges to the Biden Administration's Social Cost of Carbon estimates.
In the wake of West Virginia v. EPA, it seems that "major questions" can be found almost anywhere.
Noted environmental law scholar Richard Revesz will be nominated to head the White House Office of Information and Regulatory Affairs
Eleventh Circuit Finds FDA Treatment of Vaping Product Marketing Applications to be Arbitrary & Capricious
The likelihood that the Supreme Court considers the FDA's treatment of vaping products is increasing.
The 5th Circuit Considers Whether the Trump Administration Was Legally Authorized To Ban Bump Stocks
Regulators imposed the ban based on a highly implausible and counterintuitive reading of federal law.
My forthcoming article the good, the bad, and the likely implications of the Supreme Court's decision West Virginia v. EPA
The Court should assimilate the “major questions” doctrine of West Virginia v. EPA and its precedents—including Chevron and what came even before that—to an approach that asks whether Congress has made an actual delegation. Only this will serve the relevant separation-of-powers principle.
The major questions doctrine inverts the Chevron doctrine, is indeterminate, and, as a practical matter, will encourage courts to engage in something more akin to political punditry than law.
The Court did not engage with the doctrine directly (as opposed to simply creating an exception to it). How, in fact, would the case have been decided under Chevron?
A correct interpretation of the statute at issue—Section 111(d) of the Clean Air Act—does not give the EPA the authority to issue the sort of regulations at issue in the case.
It may now require notice and comment to rescind final rules that were never published in the Federal Register.
My review of Reviving Rationality:Saving Cost-Benefit Analysis for the Sake of the Environment and Our Health by Michael Livermore and Richard Revesz.
The Supreme Court is skeptical of agency efforts to pour new wine out of old bottles.
Something is wrong at the Food & Drug Administration's Center for Tobacco Products, and federal courts are beginning to notice.
In her forceful West Virginia v. EPA dissent, Justice Kagan challenges the majority's commitment to textualism.
Supreme Court Gives Biden Administration a (Temporary?) Win on Immigration with Final Decision of Term
Chief Justice Roberts final opinion of the term rejects the statutory challenge to the Biden Administration's rescission of the "Remain in Mexico" policy.
Chief Justice Roberts writes for a six-justice majority in West Virginia v. EPA.
American Hospital Association v. Becerra is another indication that lower courts are too quick to give agencies Chevron deference.
The Supreme Court has decided not to decide an important question relating to flips in federal policy when Administrations turn over.
Without opinion the justices rejected Louisiana's application to vacate a lower court stay.
Not a single judge on the U.S. Court of Appeals for the Fifth Circuit sought to reconsider a stay of a district court opinion barring consideration of the Biden Administration's social cost of carbon estimates.
In a brief per curiam opinion, the Fifth Circuit concludes the plaintiff states lack standing to press their claims.
Supreme Court Digs into Statutory Details More than Standing or Nondelegation in West Virginia v. EPA
At today's oral argument, the justices explored Section 111 of the Clean Air Act, the major questions doctrine, justiciability and the regulation of advertising for four-foot cigars smoked through hookahs.
The most important environmental case of the 2021-22 term will be heard next week.
Federal Court Bars Federal Agencies from Considering the Costs of Climate Change in Rulemakings [Updated]
A federal district court has taken the unusual step of enjoining an Executive Order setting forth an Administration's regulatory priorities.
An interesting exchange on the implications of early agency power to revise tax assessments.