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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

Endangered Species Committee Exempts Oil and Gas Activities in the Gulf Based on National Security Finding

Security determination states that effects of litigation by environmental organizations causes uncertainty that threatens military operations and readiness.

April 3, 2026

Endangered Species Committee Exempts Oil and Gas Activities in the Gulf Based on National Security Finding
  • Legal Analysis

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

When National Security Meets Endangered Species: Uncharted Legal Territory in the Gulf of Mexico
  • 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 

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