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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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  • 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)
  • 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’
  • Explainer

Trump’s Environmental and Energy Executive Orders: Initial Insights and What We’re Watching

Most of the actions directed by the energy executive orders do not have immediate effects but instead instruct federal agencies to take steps to implement them.

January 27, 2025

Trump’s Environmental and Energy Executive Orders: Initial Insights and What We’re Watching
  • Explainer

A Step-by-Step Guide to Agency Rulemaking and Rule Rollbacks

The specific steps agencies must take to promulgate, alter, or repeal regulations, and the exemptions provided in statute that agencies can use in certain circumstances.

January 17, 2025

A Step-by-Step Guide to Agency Rulemaking and Rule Rollbacks

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