Administrative Law – Page 3 – Environmental and Energy Law Program

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

Legal Analysis

Held v. Montana: A Win for Young Climate Advocates and What It Means for Future Litigation

How this case reached the Court in the first place, implications of the use of the major questions doctrine, and EPA’s path forward.

August 30, 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

CleanLaw Podcast

Sackett v. EPA Decision: What the Justices Said and What this Means for Water with Jody Freeman, Richard Lazarus, and Steph Tai

Jody Freeman speaks with Richard Lazarus and Steph Tai about the US Supreme Court’s recent decision in Sackett v. EPA. They discuss how the Court’s reliance on a dictionary definition of waters will drastically limit Clean Water Act protections: severely shrinking what qualifies as covered wetlands and streams, and as a result, enfeebling the federal government’s ability to protect US water quality.

June 21, 2023