Notice & Comment Archive - Yale Journal on Regulation (original) (raw)

Notice & Comment

Notice & Comment

Implicit Delegation After Loper Bright: The Case for Reviving the Gray Doctrine

In Loper Bright, the Supreme Court repudiated Chevron’s across-the-board presumption that statutory ambiguities should be treated as implied delegations of discretion to agencies. But Loper Bright did not repudiate the possibility that a court might properly find implied delegation in some cases. Although Loper Bright declared that “statutes, no matter how impenetrable, do—in fact, must—have […]

Notice & Comment

Trump’s New Drug Advertising Proposals Fall Short on Public Health and the Constitution

The Trump administration’s fiscal year 2027 budget proposal to require that compounding pharmacies disclose prominently that their products have never been evaluated by the Food and Drug Administration (FDA) is long overdue; this is a reasonable requirement that advances consumer protection. Unfortunately, the administration couples this sensible proposal to increase transparency with a broader effort […]

Notice & Comment

New York Times Shadow Docket Papers Show Flimsy Foundations of the “Major Questions Doctrine”

New attention is being paid to the Environmental Protection Agency’s Clean Power Plan after the New York Times published memos revealing the Supreme Court’s hurried deliberations before blocking its implementation. The Clean Power Plan, a regulation intended to cut power plants’ climate-changing carbon pollution, never went into effect. Yet it has the distinction of coming […]

Notice & Comment

Academic Papers Announced for the ABA Administrative Law 2026 Conference

We are delighted to announce the schedule for the 2026 Academic Paper Workshops which will be held during the 2026 Administrative Law and Regulatory Practice Section’s Spring Conference on Thursday, May 7 in Washington D.C. The presentation themes, paper titles, presenters, and commenters are below. The academic workshops feature new papers discussed by Authors and […]

Notice & Comment

Nominations Open — ABA Administrative Law Section Annual Award for Scholorship in Administrative Law

Each year, the ABA Section of Administrative Law and Regulatory Practice recognizes outstanding scholarship in administrative law published during the prior year. I write to invite nominations for the 2025 award. Eligible books and articles are those published (copyrighted) in 2025. Publications worthy of the Section’s award generally should be: The award recipient will be […]

Notice & Comment

Accepting Applications for Separation of Powers Bootcamp in Washington, DC

I wanted to share a call for applications for this summer’s Separation of Powers Bootcamp, hosted by the Separation of Powers Institute at Catholic Law in Washington, DC. The August bootcamp is geared toward graduating 3Ls and recent law school grads. Applications are due May 29, 2026.

Notice & Comment

D.C. Circuit Review—Reviewed: Press Passes, Mergers, Whistleblowers, and More

Last week, the D.C. Circuit decided four cases on the merits and issued interim orders in two others. The interim orders involve the scope of an injunction against the Pentagon’s press-pass policy and the court’s jurisdiction to intervene in merger-related proceedings before the FCC. The merits cases involve the SEC’s failure to explain the denial […]

Notice & Comment

ACUS Request for Information About Frontline Decision Making in the Adjudication of Applications

ACUS is requesting information as part of the ongoing project Frontline Decision Making in the Adjudication of Applications. The project will examine and identify best practices for frontline decision making in the adjudication of applications for benefits, loans, grants, licenses, and the like in which there is a later opportunity for a hearing before a federal agency adjudicator. Among other topics, […]

Notice & Comment

Comparative Administrative Law New Scholarship Corner (April 2026)

Here is the list of works included in the April 2026 Comparative Administrative Law Scholarship Corner, which is curated by Eduardo Jordão (FGV Law School, Rio de Janeiro), with the assistance of Eduarda Onzi. The Scholarship Corner is a resource provided through the Comparative Administrative Law listserv. This edition summary: For more information about this terrific resource, check […]

Notice & Comment

Eleventh Circuit Review—Reviewed: Federal vs. State Action, Spirit Security Fees, and More

This post begins a new series reviewing the administrative law decisions of the Eleventh Circuit. The Eleventh Circuit is the third-busiest federal court of appeals, and it hears cases from Florida, Georgia, and Alabama. Over the past two weeks, the court decided three cases of note. First, it vacated an injunction against the construction of a detention […]

Notice & Comment

D.C. Circuit Review – Reviewed: Presidential Powers, Iranian Oil, and Implied Equitable Relief

One of President Donald Trump’s first acts of his second term was to proclaim that there was an “invasion” of immigrants at the border between Mexico and the U.S. His proclamation aimed to block people from entering the U.S. and applying for asylum. Last week, the D.C. Circuit held in Refugee and Immigrant Center for Education […]

Notice & Comment

EPA and HHS Signal a Federal Shift on Microplastics

The Trump administration has generally favored reducing environmental regulations. Yet on April 2, 2026, the Environmental Protection Agency (EPA) and the Department of Health and Human Services (HHS) made coordinated announcements signaling that microplastics—tiny plastic particles found in everything from tap water to human blood—would receive new federal attention. EPA moved to designate microplastics a […]

Notice & Comment

The Trump Administration’s Attempts to Ban Gender Affirming Care for Minors Are Illegal

On December 18th, 2025, the U.S. Department of Health and Human Services (HHS) launched a multi-pronged, administrative attack on gender affirming care (GAC) for pediatric patients. The Department’s goal is straightforward: to use its vast rulemaking authorities to ban the practice nationwide. The Supreme Court holding in U.S. v. Skrmetti and the recent tenor of […]

Notice & Comment

An Endangered Species Act Exemption Reveals Distrust of Process, Congress, and Courts

On March 31, 2026, the “God Squad” convened for the first time in more than 30 years. The Endangered Species Act (ESA) prohibits federal actions that could jeopardize the continued existence of an endangered or threatened species, but this group—the Endangered Species Committee—has the power to exempt activities from that requirement. In the span of […]

Notice & Comment

Ad Law Reading Room: “Revisiting Presidential Reorganization,” by Maria Ponomarenko

Today’s Ad Law Reading Room entry is “Revisiting Presidential Reorganization,” by Maria Ponomarenko, which is forthcoming in the George Washington Law Review’s annual administrative law issue. Here is the abstract: For much of the twentieth century, Congress repeatedly delegated to presidents the authority to “reorganize” the executive branch. Presidents from both parties used this authority […]