State Litigation Against Presidential Administration
Sometimes a gridlocked Congress means that an energized President and ambitious state lawmakers compete to solve the Nation’s social problems. But this competition may not make for innovative...
View ArticleOngoing Interest in Regulatory Cost Budgets
This week the Senate Budget Committee held another hearing titled “Moving to a Stronger Economy Through Regulatory Budgeting”. The hearing included three witnesses, including Dr. John Graham, former...
View ArticleThe Congressional Review Act Revisited
This month the House of Representatives passed two resolutions under the Congressional Review Act (5 USC 801, et seq .) that disapproved of EPA’s recent rules for greenhouse gases from new and existing...
View ArticleRegulatory Reform Legislation, Where Do Things Stand?
Regulatory reform legislation has been a lively topic, and is likely to remain so. Next Tuesday, a panel featuring four senior House and Senate professional staff members will address “Congressional...
View ArticleRegulatory Reform Legislation in the New Congress
In the Washington Post yesterday, Dave Wiegel penned a fascinating article on the new Congress’s legislative agenda on regulatory reform. Here’s a taste from the article: For six years, since they took...
View ArticleFeinstein on Congressional Oversight of the Executive Branch (AdLaw Bridge...
Political control of administrative agencies is a hot topic these days. And Brian D. Feinstein has a timely new article, Congress in the Administrative State, forthcoming in the Washington University...
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In Bipartisan Reform of the APA, Is There “Fertile Ground Here to Actually...
As Chris noted last night, Senators Portman and Heitkamp introduced legislation to significantly reform and modernize the Administrative Procedure Act of 1946. There is much to be written about this...
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New Book by Josh Chafetz: Congress’s Constitution (AdLaw Bridge Series)
Amazon tells me that Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers is now available for purchase. Over the last few weeks I’ve been reading the...
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Reinvigorating Congress’s Oversight Role of the Federal Bureaucracy
As I noted last month, the ABA Annual Administrative Law Conference is my favorite adlaw event of the year. This year’s program, which starts tomorrow, might be the best one (I’ve attended) to date....
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Price on Congress’s Power of the Purse (AdLaw Bridge Series)
As regular readers know, I’m a big fan of Josh Chafetz’s new book Congress’s Constitution: Legislative Authority and the Separation of Powers. I’ve talked about it at numerous conferences and reviewed...
View ArticleHouse Procedure, Agenda Setting, and Impeachment
Earlier this week, in response to concerns that President Trump might fire Special Counsel Robert Mueller, Republican Senators Jeff Flake and Lindsey Graham warned that such a move might precipitate...
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Congressional Capacity, “Government Contributions,” and Legislative Branch...
Congressional capacity—or the lack thereof—is on the minds of a lot of people in Washington these days, left and right. And almost all of them are very concerned. Flat personal office staffing numbers,...
View ArticleUpcoming Hearing — From Beginning to End: An Examination of Agencies’ Early...
Two former OIRA Administrators are testifying tomorrow morning in a hearing that might re-kindle regulatory reform efforts in Congress. As Chris Walker has covered on this blog, the 115th Congress had...
View ArticleWallach on Lessons from the REINS Act
The REINS Act would have required Congress to approve all new “major” rules before they could go into effect. A significant re-ordering of the regulatory process, it was one of many regulatory reform...
View ArticleTwo Regulatory Reform Bills Introduced
Following up on my post about a Congressional hearing on regulatory reform before the U.S. Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Regulatory Affairs and Federal...
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Coming Back to Congress, by Andrew M. Grossman
Donald Kochan has set forth a concise and persuasive account of congressional delegation of broad swaths of lawmaking authority to administrative agencies, which may be why his article has attracted...
View ArticleNondelegation after Gundy
This Term, in Gundy v. United States, the Supreme Court once again considered whether a statutory grant of authority (here, under the Sex Sex Offender Registration and Notification Act) to a federal...
View ArticleFDLI Webinar on Regulation of Cannabis-Derived Products
This week I moderated a webinar at the Food & Drug Law Institute (FDLI) on the regulation of cannabis-derived products. This is a product & policy area that’s evolving as I type. Just this...
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