Statute
APA
35 published works
Agricultural Law and Taxation Blog
The Judiciary – Is it the Most Dangerous Branch for Agriculture? – Part 1
Overview Alexander Hamilton famously described the federal judiciary as the “least dangerous” branch of government because, unlike Congress, it possessed neither the power of the purse nor the sword. The…
Agricultural Law and Taxation Blog
FSA Cannot Create County Committee Candidate Disqualifications Through Handbook Provisions
Overview Federal agencies must operate within the authority granted to them by statute and regulation. An agency handbook may provide guidance to agency personnel, but it generally cannot create a…
Taft PFAS Insights
D.C. Circuit Upholds CERCLA Listing of PFOA and PFOS
On Aug. 18, the U.S. Court of Appeals for the D.C. Circuit in Chamber of Commerce of the United States of America v. EPA, No. 24-1193, upheld EPA’s adoption of…
Environmental Law +
What We Are Reading: Environmental + Energy Series | Data Center Permitting, Environmental Review, and Environmental Justice
By Jon Schaefer
Week of July 13, 2026 As most of us were distracted by wildfire smoke, the World Cup, and avoiding lettuce, there were still a few interesting environmental and energy stories…
Last Month at the Supreme Court
Grant Alerts
By Chantel Febus, James Azadian, Sadie Betting
With the close of the October Term 2025 (OT’25), the Supreme Court has started to assemble its growing list of cases it will hear in the next term (OT’26), including…
Legal Theory Blog
Lipshutz on Bypassing Agency Adjudication
Brian Lipshutz (University of Chicago - Law School) has posted Bypassing Agency Adjudication on SSRN. Here is the abstract: This Article examines the contested practice of bypassing agency adjudication to…
Legal Theory Blog
Download of the Week: “Taming the Shadow Docket” by West
The Download of the Week is Taming the Shadow Docket by E. Garrett West. Here is the abstract: The Supreme Court's shadow docket is causing a supposed legitimacy crisis. The…
Legal Theory Blog
West on the Supreme Court’s Emergency Docket
E. Garrett West (Yale Law School) has posted Taming the Shadow Docket on SSRN. Here is the abstract: The Supreme Court's shadow docket is causing a supposed legitimacy crisis. The…
Legal Theory Blog
Saren on AI Assisted Environmental Impact Statements
Tuoya Saren (Emory University School of Law) has posted Legal Challenges of AI in NEPA Environmental Impact Assessment: Regulatory Pathways and Judicial Review on SSRN. Here is the abstract: The…
PrawfsBlawg
Challenging EOs
Main Sunday, March 23, 2025Challenging EOsGenevieve Lakier's guest post at Balkinization criticizes the Fourth Circuit stay of an injunction barring enforcement of Trump's anti-DEI executive order. She argues that the…