Electricity Law Public Utilities and the First Amendment Problem How rate-regulated utilities use customer-funded dollars for political activities and why this raises concerns about ratepayers’ freedom of speech. November 17, 2025
Administrative LawEndangerment Finding US Urges the Supreme Court to Stop Climate Suits While EPA Questions Authority to Regulate Emissions A look at why the filing is procedurally unusual and at the United States’ shifting strategy and position in similar cases. October 20, 2025
Administrative LawDeregulatory ResourcesEndangerment Finding When is Expertise-Based Deference Warranted? Cuts by the Trump administration have have eroded the deep expertise and institutional knowledge that once defined federal agencies. This analysis offers a framework to asses when agencies are entitled to heightened deference. October 3, 2025
Deregulatory ResourcesMethane EmissionsPower Sector EPA Proposes to End Greenhouse Gas Reporting A summary of EPA’s proposal to eliminate the Greenhouse Gas Reporting Program and a look at the potential impacts to federal, state, and industry efforts. September 30, 2025
Administrative LawDeregulatory ResourcesEELP News Mapping Agency Authority in Environmental Law Post-Loper Bright A survey of nine environmental and natural resources statutes and catalogue of each instance to a federal agency. Our research identified extensive delegation granting agencies discretion throughout the statutes surveyed, which, under Loper Bright, courts should review using the deferential arbitrary and capricious standard. September 15, 2025
Climate The International Court of Justice’s Climate Opinion and What it Means for the US Analysis of ICJ’s opinion and its potential implications for U.S. climate policy. September 15, 2025
Clean AirDeregulatory ResourcesEndangerment Finding EPA’s Proposal to Eliminate the Endangerment Finding and Motor Vehicle Greenhouse Gas Regulations An analysis of EPA’s proposal and assessment of its legal risks and gaps. August 12, 2025
Administrative Law When Government Gets It Right: A Framework for Assessing When Agencies Deserve a Presumption of Regularity This presumption of regularity — the assumption that the government follows the rules and tells the truth — has attracted scrutiny in recent years. This paper offers a framework for assessing when the presumption applies. July 23, 2025
Deregulatory ResourcesFederal Policy Analysis Decoding Agencies’ New NEPA Procedures Review of the most important changes CEQ recommends and where they pull from previous CEQ rules. July 7, 2025
