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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.

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Caitlin McCoy and Sarah Light: Regulatory Horcruxes

Regulatory programs can be split up among federal agencies, state agencies, and even private actors, and that fragmentation can insulate programs from future deregulatory actions. Caitlin and Sarah Light discuss types of regulatory horcruxes with examples from the Clean Water and Clean Air Acts.

March 28, 2019

  • Legal Analysis

Errors and Inconsistencies in GAO’s Reports on the Congressional Review Act

New report argues GAO should reexamine and amend its March 2018 report and testimony, and should reexamine all of its major rule reports and, where necessary, amend them.

July 11, 2018

  • Quick Takes

Richard Lazarus: First Monday May Shed Light on Water Case

Who should hear cases on industry challenges to EPA and the Army Corp of Engineers’ definition of “navigable waters?” Federal district courts or the court of appeals? Federal government attorneys […]

September 19, 2017

  • Legal Analysis

Professor Lazarus on Murr v. Wisconsin and Regulatory Takings

On June 23, 2017, the Supreme Court upheld Wisconsin and St. Croix County land use regulations written to protect a Wild and Scenic River. Professor Richard Lazarus argued the case […]

September 15, 2017

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