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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—Jody Freeman, Richard Lazarus, and Carrie Jenks Break Down the West Virginia v. EPA Decision

How the major questions doctrine could affect EPA regulations addressing greenhouse gases and other key regulatory priorities for the Biden administration

July 26, 2022

  • Legal Analysis

Supreme Court Embraces the Major Questions Doctrine as Limiting but Leaving the Door Open for Power Sector GHG Regulations

West Virginia v. EPA’s surprising journey to the Supreme Court. A look at the key elements of the Court’s decision and the path ahead for EPA.

July 1, 2022

Supreme Court Embraces the Major Questions Doctrine as Limiting but Leaving the Door Open for Power Sector GHG Regulations
  • Quick Takes

Sackett v. EPA and the Definition of Waters of the United States

The Clean Water Act[1] (CWA) governs the discharge of pollutants into waters of the United States. Supreme Court rulings and agency rulemakings that define the reach of this act have […]

June 24, 2022

  • CleanLaw Podcast

CleanLaw–Jody Freeman and Richard Lazarus on West Virginia v. EPA, What’s Next?

The Court’s decision in this case will address the scope of EPA’s authority to regulate greenhouse gas emissions from the power sector, potentially impacting future EPA rules.

March 31, 2022

  • Legal Analysis

EPA’s House of Cards: the Affordable Clean Energy Rule

Our white paper discusses EPA’s Repeal of the Clean Power Plan and Affordable Clean Energy rule. We examine EPA’s legally risky strategy in these final rules to curtail its authority […]

October 22, 2019

Jody Freeman and Richard Lazarus Preview 2019 SCOTUS with Environmental Law Institute

Professors Jody Freeman and Richard Lazarus offered an overview of major take-aways from the Court’s last term, including significant decisions for environmental lawyers, then transition to both upcoming term cases […]

October 1, 2019

  • Legal Analysis

Energy EOs In Depth: Administration Opaque on Why It’s Studying Regional Energy Bottlenecks

This is part of a series analyzing the April 10th executive orders on energy infrastructure. Section 7 of an April 10 Presidential Executive Order tasks the Departments of Energy and […]

April 30, 2019

  • CleanLaw Podcast

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

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