D.C. Circuit Concludes Trailers Are Not "Motor Vehicles"
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”
Administrative Law
"Zombie" Voting at the Federal Trade Commission
The FTC is apparently taking actions based upon votes cast by a Commissioner who is no longer on the Commission.
Could the OSHA Vaccine-or-Test ETS Fall Prey to the Congressional Review Act?
Several Republicans are seeking to overturn the new OSHA rule. Despite the razor-thin margins in both Houses, a repeal resolution will not get enacted.
Biden Administration Imposes Vaccine Mandate on Health Care Facilities that Participate in Medicare or Medicaid
The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.
OSHA (Finally) Issues Emergency Standard Mandating Large Employers Require Vaccination or Testing (Updated)
The federal standard contains some carve outs that were not part of the White House announcement, likely to help insulate rule from legal challenge. (Updated with a response to Ilya Somin.)
Fifth Circuit Rebukes FDA for Regulatory "Switcheroo" in Denying Vaping Product Applications
Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications
Are Biden Administration's Offshore Wind Plans Just a Fantasy?
Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.
On the Sacketts and S.B. 8
Governments should not design laws and regulations to frustrate judicial review.
Notice and Comment Symposium on Reviving Rationality by Livermore & Revesz
An extended symposium engaging with an important new book on the use and misuse of cost-benefit analysis in regulatory review.
Can the Federal Government Require Vaccination of Health Care Workers?
Exploring the legal issues raised by another of the Biden Administration's newly announced COVID policies.
A Backgrounder on the Proposed OSHA Vaccination Mandate and Likely Legal Challenges (Updated)
Why legal challenges to the new rule are more likely to focus on the details than on broad challenges to OSHA's authority.
Did the Supreme Court's DACA Decision Lead to the Biden Administration's "Remain in Mexico" Defeat?
Professors Zachary Price and Benjamin Eidelson offer competing takes.
Is Administrative Law Either? A Debate
A Feddie Fight Night on the Administrative State featuring Prof. Gary Lawson and Prof. Nicholas Bagley
The Honorable Thomas Griffith, Blogger
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
Government Officials' Internet Browsing Histories Are Not Agency Records under FOIA
The D.C. Circuit rejects an effort to obtain internet browsing histories under the Freedom of Information Act
Could Congress Use the Congressional Review Act to Expand Agency Authority?
Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. Would it work?
Democrats Learn to Love the Congressional Review Act (At Least a Little Bit)
Last week, the CRA was used for the first time to repeal regulations adopted by a Republican President.
Supreme Court Declines to Consider Chevron Deference Because Government Did Not Ask It To (Updated)
An interesting administrative law tidbit in one of today's Supreme Court decisions.
Sixth Circuit Takes Bump Stock Case En Banc
What seems like a gun rights case actually presents some important questions of administrative law.
BREAKING: SCOTUS Holds 7-2 Texas Lacks Standing to Press Obamacare Claim (Updated)
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
Perhaps the Shortest Standing Opinion You'll Ever Read
The Sixth Circuit made quick work of a district court opinion concluding Ohio lacked standing to sue for overdue Census data.
A Potential Way Forward for Nondelegation Concerns
Focusing on time and the "nondelegation baseline" would be one way to constrain excessive delegation.
Nondelegation Doctrine Lessons from State Experience
Two recent papers examine the state experience with nondelegation.
Democrats Learn to Love the Congressional Review Act
Senate Democrats vote to repeal a Trump Administration regulation easing restrictions on methane emissions.
Are Sunstein and Vermeule Offering a Defensive Crouch Administrativism?
My contribution to the online symposium on Sunstein & Vermeule's Law & Leviathan
When Super Deference Is Not So Super
"Super Deference and Heightened Scrutiny" forthcoming in the Florida Law Review
Notice & Comment Symposium on Sunstein and Vermeule's Law & Leviathan
A series of essays weighing Cass Sunstein and Adrian Vermeule's effort to redeem the administrative state.
Divided Sixth Circuit Panel Rejects Chevron Deference for Interpretation of Criminal Statute
A long awaited decision in a challenge to the Trump Administration's "bump stock" ban tees up some interesting questions for the High Court's review.
Will Democrats Learn to Love the Congressional Review Act?
The CRA may offer Democrats a quick and easy way to repeal Trump Administration regulations, if they are willing to use it.
Will President Biden Have Greater Control Over Independent Agencies than His Predecessors?
A newly released OLC opinion asserts the White House can require independent agencies to comply with Executive Orders on regulatory review.
Prof. Richard Pierce Responds to "Delegation and Time"
On delegation, time, and congressional capacity.
D.C. Circuit Panel Splits on Lawfulness of Federal Execution Protocol (and Whether to Enjoin It).
The court improbably concludes that the execution protocol is illegal, but does not enjoin its use
Gray Center Administrative Law Supreme Court Preview - Today
A Supreme Court Preview panel that focuses on administrative law.
Delegation and Nondelegation at the Founding
A burst of recent scholarship exploring the Originalist case for and against the nondelegation doctrine.
Due Process for Butterflies in the D.C. Circuit
The North American Butterfly Association will get the chance to press its Fifth Amendment claims against the Department of Homeland Security.
Supreme Court to Consider Constitutionality of Administrative Patent Judges
The Court adds an important Appointments Clause case to the docket.
A Loss for Flynn and a (Temporary?) Win for McGahn
Multiple significant opinions from the D.C. Circuit on Judge Griffith's last day.
What Happens When Trump Judges Confront Trump Administration Deregulation?
Faced with a choice between the Trump Administration and the law, these judges had no problem following the law.
DOJ Interim Final Rule Restricts Reliance on Guidance Documents
In response to a Trump Executive Order, the Justice Department seeks to diminish the import of agency guidance.
UCLR Online Symposium on Seila Law v. CFPB
A collection of essays analyzing one of the more important administrative law decisions of the October 2019 term.
D.C. Circuit Rejects FCC-Imposed Conditions on Charter-Time Warner Merger
The FCC did not even seek to defend its authority to impose the conditions.
The Even-More Headless Department of Homeland Security (Updated)
Even the Acting Secretary might not actually be an Acting Secretary.
Remembering Judge Stephen F. Williams (Updated)
On the loss of a remarkable intellect and jurist.
En Banc D.C. Circuit Concludes House Has Standing to Enforce Subpoena in Court (Updated)
At the same time, the court punts on whether the House has standing to challenge allegedly unlawful expenditure by Executive Branch.
Supreme Court Refuses to Allow District Court to Halt Border Wall Construction
Yet again, the Chief Justice shows his distaste for preliminary injunctions.
