Environmental, Energy, and Administrative Law Resources
A collection of papers and reports analyzing issues in environmental, energy, and administrative law
APA Review
- “Nondiscretionary” Repeals: How the Trump Administration’s Untested Deregulatory Theory Violates the Administrative Procedure Act (Policy Integrity, Dec. 2025)
- Comments to EPA on Interim Final Rule Extending Deadlines to Comply with Methane Emission Standards for Oil and Natural Gas Sector (Policy Integrity, Oct. 2025)
- Statutory Interpretation and Deregulation: Key Considerations from Recent Supreme Court Decisions (Policy Integrity, June 2025)
- Preventing Public Participation: The Trump Administration’s Misuse of the Good Cause Exception to Fast-Track Deregulation (Policy Integrity, April 2025)
Congressional Review Act
- The Weaponization of the Congressional Review Act in 2025 (Policy Integrity, Feb. 2026)
- The Congressional Review Act in 2025: Expanding Use and Emerging Questions (EELP, Feb. 2026)
- Amicus Brief on the Narrow Application of the Congressional Review Act (Policy Integrity, Jan. 2026)
Emergencies and National Security
Energy Emergency
- One Emergency After Another (CAELP, Apr. 2026)
- One Year of Trump’s ‘Energy Emergency’ in Context and in Court (EELP, Jan. 2026)
- Amicus Brief on behalf of Energy Law Scholars arguing long-term electric reliability is not preserved through ad hoc emergency orders under FERC section 202(c) (CAELP, Dec. 2025)
Energy Regulation
- Extracting Profits from the Public: How Utility Ratepayers Are Paying for Big Tech’s Power (EELP, March 2025)
- The Federal Authority to License Small Modular Reactors (Policy Integrity, March 2026)
- Drivers of Transmission: Examining Demand Growth and State Clean Energy Policies (Policy Integrity, Jan. 2026)
Expertise in Rulemaking
- Federal Court Vacates Wind Energy Authorization Pause (EELP, Dec. 2025)
- Flawed Foundations: Identifying Errors in Regulatory Analysis for Deregulatory Actions (Policy Integrity, Dec. 2025)
- When is Expertise-Based Deference Warranted? (EELP, Oct. 2025)
- Credibility Check: An Assessment of Scientific Integrity in Recent Government Climate Reports (Policy Integrity, Sept. 2025)
- Rescissions Without Reasons: How Barebones Deregulatory Proposals Flout Legal Requirements (Policy Integrity, June 2025)
- Zero Rationality: What OIRA’s New Memorandum Gets Wrong on Monetizing Climate Impacts (Policy Integrity, May 2025)
Funding
- Amicus Brief on behalf of Members of Congress explaining why the termination of obligated Solar For All grants violated the statute that created the program (CAELP, March 2026)
Major Questions Doctrine
- Missing the Mark: The Flaws in EPA’s Major Questions Argument to Withdraw the Endangerment Finding (Policy Integrity, Jan. 2026)
- Amicus Brief on Major Questions Doctrine Cited in Trump Tariff Case in Court of International Trade (Policy Integrity, June 2025)
Regulatory Analysis
- The Scale of Significance: Oil and Gas (Policy Integrity, March 2026)
- Lifting the Smog: Debunking Myths around Particulate Matter Standards (Policy Integrity, Feb. 2026)
- Under the Hood: EPA and DOT’s Models Overlook Hidden Attributes of Fuel Efficiency Improvements (Policy Integrity, Feb. 2026)
- Economic Consensus Favors Climate Action: A Response to the Department of Energy’s Climate Report (Policy Integrity, Sept. 2025)
- The Bottom Line: Regulatory Costs Don’t Belong in Endangerment Findings (Policy Integrity, May 2025)
Separation of Powers
- Amicus Brief on behalf of law professors highlighting the tension between the federal government’s broad invocation of the unitary executive theory and recent judicial developments in statutory interpretation (CAELP, April 2026)
- Amicus brief on behalf of law professors arguing that the congressional adjudication of EPA’s preemption waiver for California under section 209(b) of the Clean Air Act violates the separation of powers (CAELP, Jan. 2026)
- Unlawful but Unreviewable: The D.C. Circuit’s New Dalton Jurisprudence (CAELP, Oct. 2025)
State Resources
- Weighing GHGs in New York (Policy Integrity, March 2026)
- The Endangerment Finding Recission and Implications for State Climate Action (EELP, Dec. 2025)