Proposed Rule Relies on Loper Bright to Rescind Endangered Species Act “Harm” Regulations
The Departments of the Interior and Commerce have proposed to rescind an Endangered Species Act rule defining “harm” because it “do[es] not accord with the single, best meaning of the statutory text” and instead they will “rest on the statutory definition of ‘take.’” This proposal is in line with a…
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Proposed Rule Relies on Loper Bright to Rescind Endangered Species Act “Harm” Regulations
The Departments of the Interior and Commerce have proposed to rescind an Endangered Species Act rule defining “harm” because it “do[es] not accord with the single, best meaning of the statutory text” and instead they will “rest on the statutory definition of ‘take.’” This proposal is in line with a White House directive to remedy…
Federal Court Rules the Biden Administration Illegally Cancelled ANWR Lease Sales
In a late March decision, the U.S. District Court for the District of Alaska ruled that the Department of the Interior (DOI) acted unlawfully when it canceled oil and gas leases in the Arctic National Wildlife Refuge (ANWR) held by the Alaska Industrial Development and Export Authority (AIDEA). The court emphasized that, under the Tax…
Loper’s Impact on Notice and Comment Rulemaking
Cary Coglianese & Daniel E. Walters write in the Yale Journal on Regulation’s Notice & Comment blog: With the ink barely dry in Loper Bright, we are beginning to see just how unsettled, and how unpredictable, the administrative governance game can be in a post-Loper Bright world. With a new memorandum, “Directing the Repeal of Unlawful Regulations,”…
Trump Administration Cites Loper With New Instructions on Repealing “Unlawful Regulations”
Earlier this week, on April 9, 2025, President Trump issued a new memorandum entitled “Directing the Repeal of Unlawful Regulations.” The memo, which builds on directions set out in Executive Order 14219 (Feb. 19, 2025), instructs the heads of all executive branch agencies to prepare for repealing “facially unlawful regulations” after April 20, 2025. Agencies…
Ryan Mulvey on Sunshine Week, Loper Bright, and FOIA
AFP Foundation’s Ryan Mulvey published an article in the Yale Journal on Regulation’s Notice & Comment blog on how “Loper Bright will impact FOIA jurisprudence, specifically with respect to judicial review of agency use of Exemption 3.” “Chevron is overruled.” With these historic words, Loper Bright eliminated Chevron deference. The resolution of all legal questions—including the meaning of withholding statutes used…
New Paper on Litigating After Loper
Liberty University School of Law’s Eric Bolinder published a new paper on “Litigating After Loper.” Bolinder previously represented the fishermen in Loper while at Cause of Action Institute and argued the case before the D.C. Circuit. Abstract This article arrives at a critical juncture in Administrative Law and comprehensively answers two burning questions about Loper…
Pacific Legal Foundation Writers Assess the Impact of VanDerStock
Pacific Legal Foundation’s Will Yeatman and Charles Yates write in Notice & Comment about how Bondi v. VanDerStok “has the potential to dent the arc of administrative law. As Justice Alito observed in his dissent, the case could end up being ‘a huge boon for the administrative state.’” Following Loper Bright, the Justice Department started probing…
New Study Shows North Carolina’s CON Law Blocked $3 billion in health care investment in 3 years
A new analysis by Americans for Prosperity Foundation (AFP Foundation) shows North Carolina’s certificate-of-need (CON) program denied $2.8 billion in proposed health care investment since January 2022. The CON law requires health care providers to obtain approval from the Department of Health and Human Services before acquiring, replacing, or adding facilities, services, or equipment. AFP…
Texas District Court Applies Loper Bright To Reject FDA’s Unlawful Expansion of Its Regulatory Jurisdiction
Yesterday, in American Clinical Laboratory Ass’n v. FDA, a Texas district court properly relied on Loper Bright to reject the FDA’s attempted ultra vires expansion of its jurisdiction under the Food, Drug, and Cosmetic Act (“FDCA”) to regulate, for the first time, laboratory testing services as manufactured “devices.” Ever since City of Arlington, court deference to…
