The grandfathering of existing sources of pollution is a common feature of the regulatory state. Sources in operation at the time of the enactment of new regulatory requirements are typically exempted from these requirements because of the high cost of retrofitting their operations....

Advancing energy technology, increasing penetration of distributed energy resources, and climate change concerns are forcing a transformation of the electricity grid. And, this transformation is making the economic inefficiency of the current rate designs increasingly more apparent. Today’s...

The status of independent agencies is almost certainly the most written about and litigated feature of the administrative state. Recently, the legal literature has paid sustained attention to the factors leading the formation of independent agencies. Under what circumstances are agencies more...

Recently, critics of the administrative state have been urging Congress to reassert itself and rein in regulatory action that they maintain is both undesirable as a matter of policy and in violation of constitutional principles. This anti-regulatory position is unwarranted. While regulatory...

Presidents have long sought to roll back their predecessors’ regulatory policies. They have typically relied on efforts to repeal regulations and to withdraw unpublished or non-final regulations pursuant to “stop-work” orders directed at agency heads. President Trump is no exception. But...

This Article highlights the role of capture in providing a normative foundation for regulatory review of administrative action, which at the federal level is conducted by the Office of Information and Regulatory Affairs (OIRA) within the White House Office of Management and Budget (OMB). It also...

Recently, critics of the administrative state have been urging Congress to reassert itself and rein in regulatory action that they maintain is both undesirable as a matter of policy and in violation of constitutional principles. This anti-regulatory position is unwarranted. While regulatory...

Under the Clean Air Act, the U.S Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it...

This Article tackles a question that has vexed the administrative state for the last half century: how to seriously take account of the distributional consequences of regulation. The academic literature has largely accepted the view that distributional concerns should be moved out of the...