Posts by James Valvo

Congress created the Council on Environmental Quality to serve as an advisory body that makes recommendations to the President on what environmental policy should be. But CEQ has long claimed power to issue binding regulations—also known as “legislative rules”—implementing the National Environmental Policy Act. The source of CEQ’s claimed power: not a duly enacted statute…

One of the most interesting questions surrounding the implementation of Loper Bright is its impact on the statutory stare decisis of previous decisions that courts made under the Chevron framework. Elliot Setzer has this essay on the topic over at the Yale Notice & Comment blog: When the Supreme Court overturned the Chevron doctrine in Loper Bright Enterprises…