Administrative LawDeregulatory Resources Evading Notice and Comment in the Second Trump Administration A three-branch strategy to constrain public comment in agency rulemakings. June 16, 2026
Clean AirDeregulatory Resources EPA Proposes to Limit Its Responsibility to Revise Hazardous Air Pollution Standards Analysis of the proposal regarding previously unregulated hazardous air pollutant emission points, the agency’s legal rationale, and the implications for EPA’s broader obligations under the Clean Air Act. June 9, 2026
Administrative LawDeregulatory Resources A Department Untethered: The Erosion of DOJ Settlement Norms and Implications for Environmental Law Analysis of recent departures from DOJ norms and the use of litigation and settlement as tools for advancing policy objectives. June 2, 2026
Corporate Climate Risk Climate Disclosure Regimes Offer Insights for Future US Policy Analysis of the current climate disclosure requirements in California and the EU plus key questions for policymakers designing future U.S. policy. May 26, 2026
Administrative LawDeregulatory Resources The Limits of Deference: Judicial Review of Pretextual National Security Rationales A look at the tension between judicial review and courts’ longstanding deference to agencies’ national security justifications. May 11, 2026
Disaster Policy SBA Claims Broad Legal Authority to Preempt State and Local Building Requirements for Disaster Loan Borrowers Explanation of the new preemption framework and potential legal risks that may be raised if it is challenged in court. May 11, 2026
Administrative LawDeregulatory ResourcesNatural Resources Law When National Security Meets Endangered Species: Uncharted Legal Territory in the Gulf of Mexico The Trump administration plans to invoke never-before-used ESA national security exemption. March 30, 2026
Clean AirDeregulatory ResourcesPower Sector EPA’s Final Rule Rescinding 2024 MATS Rule and Reinstating 2012 Standards The legal foundations, regulatory history, and contested cost-benefit rationale behind EPA’s repeal of the 2024 MATS rule. March 18, 2026
Clean AirClean CarsDeregulatory ResourcesEndangerment Finding Eliminating the Foundation: Vulnerabilities in and Implications of EPA’s Endangerment Finding Rescission Analysis breaking down EPA’s arguments in the final rule and what it could mean for regulating GHG emissions in the future. March 2, 2026
