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  • When is Expertise-Based Deference Warranted?
  • Mapping Agency Authority in Environmental Law Post-Loper Bright 

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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

Media Inquiries

  • 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)
  • Legal Analysis

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

When Government Gets It Right: A Framework for Assessing When Agencies Deserve a Presumption of Regularity
  • Quick Takes

Trump Administration Targets Endangered Species Act Habitat Protections

The proposal would remove a key safeguard for endangered wildlife by removing the longstanding definition of “harm,” which includes habitat modification or degradation.

May 6, 2025

Trump Administration Targets Endangered Species Act Habitat Protections
  • Legal Analysis

The Trump Administration’s Aggressive Anti-Regulatory, Pro-Fossil Fuel Directives

Executive orders reflect the administration’s expansive view of executive authority.

April 23, 2025

The Trump Administration’s Aggressive Anti-Regulatory, Pro-Fossil Fuel Directives
  • CleanLaw Podcast

CleanLaw — Trump’s Bold Reversal on Energy and Climate Policy: ‘It’s a Lot’

Jody Freeman, Richard Lazarus, Andy Mergen, and Carrie Jenks discuss the Trump administration’s actions to date on climate, energy, and the environment.

February 13, 2025

CleanLaw — Trump’s Bold Reversal on Energy and Climate Policy: ‘It’s a Lot’
  • EELP News

Lawfare: President Trump’s Campaign of ‘Structural Deregulation’

Jody Freeman and Sharon Jacobs catalogue what the president has done to the federal government and argue that it’s a provocation to Congress and the courts.

February 12, 2025

Lawfare: President Trump’s Campaign of ‘Structural Deregulation’

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