Michael Pepson

Regulatory Counsel

Mike Pepson is regulatory counsel at Americans for Prosperity Foundation, which frequently files amicus briefs in the U.S. Supreme Court, U.S. Courts of Appeals, and state Supreme Courts, as well as public comments in various federal and state regulatory proceedings. Mike assists AFPF with its efforts involving separation of powers, administrative process, criminal justice reform, tech and innovation, and other issues.

He is also Special Counsel for Administrative Law at Cause of Action Institute, where he has been involved in complex civil and criminal litigation in federal district and appellate courts and administrative litigation before federal agencies in a variety of matters, including agency enforcement actions, statutory and constitutional challenges to federal regulations and agency decisions, and Section 1983 challenges to state statutes.

He received his LL.M. from Columbia Law School, J.D. from The Catholic University of America, Columbus School of Law, and B.A. from Loyola College in Baltimore, Maryland.

Featured Publications

Sixth Circuit Decision Notes Growing Consensus Loper Bright Applies To NLRB

Eleventh Circuit Immigration Decision Joins Debate Over Stare Decisis After Loper Bright

Does Stinson Deference Survive Loper Bright? Cert Petition in Poore v. United States Gives Supreme Court Opportunity to Decide. 

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Eighth Circuit Decision Striking Down Biden EV Subsidy Highlights Loper Bright’s Impact 

Judge Bumatay’s Powerful Warning in Lopez v. Bondi on Loper Bright Implementation, Skidmore Deference, and Stare Decisis

Cert Petition to Watch: Tennessee v. Kennedy Highlights Important Loper Bright Implementation Question

After Supreme Court Victory Opens Courthouse Doors, Corner Post Prevails on Remand In Challenge to Fed’s 2011 Debit Fee Regulation

Eight Circuit Applies Loper Bright in FCC Quadrennial Review Dispute 

Loper Surfaces in FCC v. Consumers’ Research—A Nondelegation Challenge to the Universal Service Fund

AFPF Files Regulatory Comment Showcasing Loper Bright’s Role in Endangered Species Act

Texas District Court Applies Loper Bright To Reject FDA’s Unlawful Expansion of Its Regulatory Jurisdiction 

Federal Circuit Orders En Banc Review of Loper Bright’s Impact on OPM Regulation

Projects

Emergency Powers
Reform Project
Gone in an Instant
Closed for Business
Right on Transparency