Recent Posts
Two Takes on Administrative Change from the Roberts Court
Daniel T. Deacon[*] & Leah M. Litman[**] I. Introduction In Loper Bright Enterprises v. Raimondo, the Supreme Court finally did what many long hoped (or feared) it would do: overrule Chevron v. Natural Resources Defense Council. Chevron instructed courts to defer to an agency’s interpretation of an ambiguous statutory provision, provided the interpretation was reasonable. … Continue reading “Two Takes on Administrative Change from the Roberts Court”
Discretion Is Not (Chevron) Deference
Donald L. R. Goodson [*] Discretion is not deference. Many often confuse the two, but the distinction is important, especially now that the Supreme Court has eliminated the deference doctrine associated with Chevron U.S.A., Inc. v. Natural Resources Defense Council. Chevron deference concerned ambiguous statutory terms or phrases (and implicit grants of authority), while discretion … Continue reading “Discretion Is Not (Chevron) Deference”
Looking for Your Friends at a Cocktail Party: The Dubious Role of Rejected Legislation and the Overlooked Potential of the Appropriations Process
Greg Dotson [*] I. Introduction Justice Antonin Scalia famously argued that looking at legislative history is like “walking into a crowded cocktail party and looking over the heads of the guests to pick out your friends.” His point was that relying upon legislative history for statutory interpretation allows judges to select, from a wide … Continue reading “Looking for Your Friends at a Cocktail Party: The Dubious Role of Rejected Legislation and the Overlooked Potential of the Appropriations Process”
The Bonfire of the Equities: Judicial Stays of Federal Environmental Regulations
Sean H. Donahue & Megan M. Herzog [*] I. Introduction The Supreme Court’s emergency docket is now a central part of federal environmental law despite being completely absent just ten years ago. As Professor Stephen Vladeck and others have documented, the Court has entertained and granted emergency relief, such as stays or injunctions of regulations … Continue reading “The Bonfire of the Equities: Judicial Stays of Federal Environmental Regulations”
Major Floodgates: The Indeterminate Major Questions Doctrine Inundates Lower Courts
Patrick Jacobi & Jonas Monast [*] I. Introduction It has been two years since the U.S. Supreme Court formally embraced the Major Questions Doctrine (“MQD”) in its groundbreaking decision in West Virginia v. EPA. On its face, the doctrine is limited to “extraordinary cases . . . in which the history and the breadth of … Continue reading “Major Floodgates: The Indeterminate Major Questions Doctrine Inundates Lower Courts”
Online Articles
Discretion is Not (Chevron) Deference
By Donald L. R. Goodson
Two Takes on Administrative Change from the Roberts Court
By Daniel T. Deacon & Leah T. Litman