The U.S. Supreme Court's Chevron, U.S.A., Inc. v Natural Resources Defense Council, Inc. decision has...

On June 18, 2001, the U.S. Supreme Court decided United States v. Mead Corp., the...

The law of standing to intervene in administrative proceedings has long been something of a...

The 1990 amendments to the Clean Air Act (CAA or “the Act”) created section 112(r)...

This review supports the following conclusions. First, the seminal decisions, which dominated deference doctrine for...

Reviewing Joseph P. Tomain, Nuclear Power Transformation (1987).

‘A few seconds after 4 o'clock on...

With its recent decision in Friends of the Earth v. Consolidated Rail Corporation, the Second...

This article will examine the scope of federal responsibility to consider the probable psychological health...

On May 24, 1982, in People Against Nuclear Energy (PANE) v. U.S. Nuclear Regulatory Commission...

The goals of the administrative process.
Introduction to agency decision making.
Matching the...

Section 554(a) of the Administrative Procedure Act provides that if a statute requires an agency...

9th Circuit Corrals Nationwide ADA Injunction Founded on Agency Interpretation. United States v. AMC Entertainment,...

D.C. Circuit Splits Constitutionality of Accounting Oversight Board. Free Enterprise Fund v. Public Company Accounting...

D.C. Circuit – Clean Air Act’s State-by-State Text Trumps EPA’s Regional Solution. North Carolina v....

D.C. and 9th Circuits Consider FOIA Exemption 6 — Personal Privacy. Multi AG Media LLC...

5th Circuit Validates Preemption Based on Agency Informal Statements. O’Hara v. General Motors Corp., 508...

5th Circuit: Standing for States but no Deference for Interior Under IGRA. Seminole Tribe of...

6th Circuit: Journalists & Attorneys Lack Standing to Challenge Warrantless Surveillance. American Civil Liberties Union...

9th Circuit: No Chevron Deference for Commerce’s Flawed Dolphin Study. Earth Island Institute v. Hogarth,...

9th Circuit Holds Draft Policy Statement Reviewable as Final Agency Action. Animal Legal Defense Fund...

9th Circuit Panel Divides on Meaning of Final Action. Oregon Natural Desert Association v. U.S....

D.C. Circuit Denies Review of NHTSA Guideline Letter. Center for Auto Safety v. National Highway...

1st Circuit Abandons Hearing on the Record Presumption. Seacoast Anti-Pollution League v. Costle, 572 F.2d...

Seventh Circuit slams Immigration Adjudications. Benslimane v. Gonzales, 430 F.3d 828 (7th Cir., 2005).

Four...

Decisions Applying Brand X Reveal New Chevron Complexities. National Cable & Telecommunications Ass’n v. Brand...

D.C. Circuit Panel Battles over Congressmen’s Standing to Challenge FEC Rules. Shays v.FEC, 414 F.3d...

FACA: D.C. Circuit Dilutes While 9th Circuit Signals Possible End to Some Claims. Cheney v.U.S....

First Circuit Emphasizes Flexibility of APA Sec. 556. Citizens Awareness Network, Inc. v. United States,...

Standing: Critters lose (but the door’s still open), while organizations may have a new opening...

When is an Agency Statement an Interpretive Rule? Independent Equip. Dealers Ass’n v.EPA,372 F.3d 420...

Ninth Circuit Surveys Administrative Law in Rejecting Ashcroft’s Attempt to Stifle Oregon’s Death With Dignity...

Rulemaking: Two circuits stymie Bush Administration attempts to derail regulatory efforts of previous administrations. NRDC...

When does Chevron apply? If it doesn’t, what is the nature of Skidmore deference? BCCA...

Of Carts and Horses: Eleventh Circuit finds EPA administrative orders unreviewable by holding them unconstitutional....

ALJ Disqualification, Duties, and Credibility Rulings. Lowry v. Barnhart, 2003 WL 21107293 (9th Cir., May...

Federal Circuit Reinstates Veterans Preference. Meeker v. Merit Systems Protection Board, – F.3d –, 2003...

Seventh Circuit holds EPA Clean Air Act compliance order is not final agency action. Acker...

The U.S. Supreme Court has taken the wrong approach to review of informal statutory interpretations...

Agency Amicus Brief Denied Chevron Deference. Matz v. Household International Tax Reduction Investment Plan, 265...

In this Article, I report on an empirical examination of this question. My purpose is...

Part I of this Article reviews the problem of rulemaking ossification, the assertions that hard...

Reviewing Genevra Richardson and Hazel Genn, eds., Administrative Law and Government Action: The Courts and...

THE LAST DECADE has seen a remarkable change in the Supreme Court's willingness to refer...

The author of this article examines the opinions written by Justice David Souter while he...

This paper examines Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act...