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.
Well-intentioned regulation often constrains the development and deployment of clean technologies.
Why the arguments the Supreme Court lacks jurisdiction to hear the latest climate change case likely lack merit.
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.
A unanimous panel rejects a Trump Administration change to rules on collective bargaining for government workers.
Insofar as the Court was concerned about pretext, it may be more difficult for the EPA to reduce greenhouse gases using regulatory authority to control emissions.
The Sacketts get a return trip to the Supreme Court.
Another contribution to recent scholarship on whether the Nondelegation Doctrine is properly rooted in the Constitution's original meaning and founding era understandings.
Assorted observations on yesterday's opinions, what they mean, and what comes next.
By divided votes, the justices entered stayed t the OSHA Emergency Temporary Standard and stayed the lower court injunctions against the mandate that Medicare and Medicaid service providers require their employees to get vaccinated.
Does it matter that the year Congress enacted the Occupational Safety and Health Act was as proximate to the Spanish Flu as to today?
The panel rejects the argument that the Federal Property and Administrative Services Act allows the federal government to require vaccination for nearly one-fifth of the American workforce.
The question of whether to stay the BIden Administration rule requiring large employers to mandate vaccinations or testing is now before the Supreme Court.
My review of Philip Hamburger's new book, Purchasing Submission.
The Biden Administration is seeking to stay lower court injunctions against the mandate.
The district court's justification for a nationwide injunction was decidedly lacking.
A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel
The justices show little interest in vaping regulation on the shadow docket, but may yet review the FDA's behavior in the regular course.
Now that a federal appeals court has weighed in, the CMS mandate may reach One First Street.
Two federal district courts have now ruled against the mandate for federal contractors.
The district court decision upholding the ATF's conclusion that bump stocks constitute unlawful "machine guns" is upheld by an equally divided court.
Two district courts have granted injunctions against the rule requiring vaccines for workers at Medicare and Medicaid providers, one nationwide.
A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.
As a result of the multi-district litigation lottery process, all of the challenges will be heard in a single circuit.
In rejecting Breeze Smoke's application for a stay of the FDA's rejection of their product applications, the Sixth Circuit disagrees with the Fifth Circuit.
While the court identified serious problems with the new OSHA regulation requiring larger employers to vaccinate or test their workers, its opinion was rushed and sloppy.
A partially divided panel concludes the Environmental Protection Agency may not regulate trailers as “motor vehicles.”
The FTC is apparently taking actions based upon votes cast by a Commissioner who is no longer on the Commission.
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.
The Center for Medicare and Medicaid Services has adopted a more stringent rule for health care providers than OSHA is imposing on large employers.
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.)
Yesterday's decision eviscerated the Food and Drug Administration for its arbitrary and capricious handling of vaping product applications
Without attention to the onerous permitting process for offshore wind and other energy projects, efforts will be plagued by costly delays.
Governments should not design laws and regulations to frustrate judicial review.
An extended symposium engaging with an important new book on the use and misuse of cost-benefit analysis in regulatory review.
Exploring the legal issues raised by another of the Biden Administration's newly announced COVID policies.
Why legal challenges to the new rule are more likely to focus on the details than on broad challenges to OSHA's authority.
Professors Zachary Price and Benjamin Eidelson offer competing takes.
A Feddie Fight Night on the Administrative State featuring Prof. Gary Lawson and Prof. Nicholas Bagley
The former D.C. Circuit Judge is now a contributor to the Yale Journal on Regulation's Notice & Comment blog.
The D.C. Circuit rejects an effort to obtain internet browsing histories under the Freedom of Information Act
Two professors have proposed using the CRA to authorize agency actions and avoid the filibuster. Would it work?
Last week, the CRA was used for the first time to repeal regulations adopted by a Republican President.
An interesting administrative law tidbit in one of today's Supreme Court decisions.
What seems like a gun rights case actually presents some important questions of administrative law.
The Supreme Court properly concludes that there is no standing to challenge a legal provision that has no effect.
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