Energy & Environment Practice Group

Recognizing the Congressional Review Act’s Full Potential

Jonathan Wood

For twenty years, the Congressional Review Act lay dormant. But recent action from all three...

Will the Supreme Court Soon Provide Guidance for Resolving Conflicts Over Federal Lands?

Jonathan Wood

  The Supreme Court has “repeatedly observed” that the Property Clause gives Congress plenary authority...

A Most Unusual Brief From the Solicitor General: Threading the Needle on Auer Deference

Andrew R. Varcoe

Justice Department’s Response Brief in Kisor v. Wilkie Endeavors to Balance Competing Considerations – Criticizing a Major Modern Administrative-Law Doctrine, But Also Seeking to Prevent Its Overruling

Last week, the Solicitor General filed the United States’ eagerly anticipated response brief in Kisor...

EPA Reconsiders its Use of Co-Benefits in Cost-Benefit Analysis

Adam Gustafson

  In the last days of 2018, EPA invited comment on a proposal (the revised...

Reconsidering the Legal Status of Agency Guidance

Andrew R. Varcoe

In Holiday-Season Amendments to the Justice Department Manual, DOJ Continues the Trend of Downgrading the Status of Subregulatory Agency Guidance Documents

Late last year, the U.S. Department of Justice (DOJ) took a quiet but significant step...