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Administrative Law

EELP analyzes the evolution of administrative law — including recent Supreme Court decisions — and works with stakeholders and scholars on responses to recent anti-regulatory decisions by the courts to ensure the federal government can effectively address complex social and environmental problems.

Administrative Law

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  • Quick Takes

Federal Court Applies SCOTUS Holding in Corner Post

District Court allows challenge and vacates an often-used 1992 Forest Service categorical exclusion in Oregon Wild v. U.S. Forest Service.

February 20, 2026

Federal Court Applies SCOTUS Holding in Corner Post
  • Legal Analysis

The Congressional Review Act in 2025: Expanding Use and Emerging Questions

After decades of limited use, Congress used the Congressional Review Act 22 times in 2025, testing the boundaries of congressional power, agency rulemaking, and the courts’ role in reviewing CRA actions.

February 5, 2026

The Congressional Review Act in 2025: Expanding Use and Emerging Questions
  • Legal Analysis

One year of Trump’s ‘Energy Emergency’ in Context and in Court

An analysis of the declaration, the policies and actions it has produced, and how they compare with historical uses of emergency authority.

January 21, 2026

One year of Trump’s ‘Energy Emergency’ in Context and in Court
  • Quick Takes

Federal Court Vacates Wind Energy Authorization Pause

Case represents a win for challenger states, the wind industry, and for those in favor of limitations on presidential power.

December 16, 2025

Federal Court Vacates Wind Energy Authorization Pause
  • Legal Analysis

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

US Urges the Supreme Court to Stop Climate Suits While EPA Questions Authority to Regulate Emissions
  • Legal Analysis

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

When is Expertise-Based Deference Warranted?
  • Legal Analysis

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

Mapping Agency Authority in Environmental Law Post-Loper Bright 
  • CleanLaw Podcast

CleanLaw — Bipartisan Reflections on EPA’s Past, Present, and Future (Part II)

Jody, Bill, and Christine discuss how bipartisan progress on environmental and public health issues was possible during their time at EPA, and the importance of scientific expertise.

July 31, 2025

CleanLaw — Bipartisan Reflections on EPA’s Past, Present, and Future (Part II)
  • CleanLaw Podcast

CleanLaw — Bipartisan Reflections on EPA’s Past, Present, and Future (Part I)

Jody Freeman and Gina McCarthy discuss Gina’s time with the Obama and Biden administrations and how a bipartisan approach is necessary for progress on climate change and the environment.

July 29, 2025

CleanLaw — Bipartisan Reflections on EPA’s Past, Present, and Future (Part I)

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