Legal Analysis Applying Corner Post to Significant Environmental Statutes that EPA Administers An overview of the Supreme Court’s Corner Post decision and the judicial review provisions for significant statutes EPA administers. July 29, 2024
CleanLaw Podcast CleanLaw — Suite of Supreme Court Decisions Undermine Administrative Law Jody Freeman and Andy Mergen break down the “Quagmire Quartet” of recent Supreme Court decisions that overturned the Chevron doctrine and undermine administrative agencies. July 12, 2024
Legal Analysis Supreme Court Overturns Chevron Doctrine, Expands Power of Judiciary An overview of the majority decision and dissent in the SCOTUS decision to overturn the Chevron doctrine. July 12, 2024
EELP News Supreme Court Decision Affecting Agency Rulemakings On June 28, The U.S. Supreme Court overturned a 1984 decision known as Chevron doctrine. Jody Freeman and Andy Mergen have been answering questions about Chevron and the impact of the Supreme Court’s decision. July 1, 2024
EELP News Jody Freeman and Andrew Mergen, Reply to David French, Undoing ‘Chevron’ Would Duly Shift Power Back to Congress Overturning Chevron would mean that the judiciary, and especially the Supreme Court — not Congress — will more often have the last word on many important questions of policy (or mixed law and policy) that arise under federal law. January 31, 2024
EELP News Jody Freeman and Andrew Mergen Op-Ed: Will the Supreme Court Show a Little Humility? How two cases argued at the Supreme Court yesterday could restrict the authority of federal agencies and upend decades of precedent. January 18, 2024
CleanLaw Podcast CleanLaw — The Endangered Species Act at 50: Potent Statute, Risky Future Richard Lazarus and Andy Mergen discuss the initial bipartisan support for the ESA, the Supreme Court cases that shaped its implementation, and risks it may face in the future. January 17, 2024
EELP News Judicial Destruction of the Clean Water Act: Sackett v. EPA Professor Richard Lazarus wrote an essay for the University of Chicago Law Review about the Supreme Court’s Sackett v. EPA ruling. In the first part he describes the ruling, reasoning, […] September 12, 2023
CleanLaw Podcast CleanLaw — The Loper Bright Case and Fate of the Chevron Doctrine with Jody Freeman and Andy Mergen Jody and Andy discuss how the Supreme Court might overrule the Chevron doctrine and what the case might mean for other environmental and federal regulations. August 23, 2023