Jonathan H. Adler Volume 71, Issue 5, 1101-1126 As a presidential candidate, Donald Trump promised to curtail federal environmental regulation and empower the states. Has the Trump Administration made good on these pledges to reinvigorate cooperative federalism and...
How Much Procedure Is Needed for Agencies to Change “Novel” Regulatory Policies?
Ming Hsu Chen Volume 71, Issue 5, 1127-1142 The use of guidance documents in administrative law has long been controversial and considered to be one of the most challenging aspects of administrative law. When an agency uses a guidance document to change or make...
Exceptional Circumstances: Immigration, Imports, the Coronavirus, and Climate Change as Emergencies
Daniel A. Farber Volume 71, Issue 5, 1143-1176 President Trump has used emergency powers to achieve key parts of his policy agenda, exemplified by his travel ban, funding for the border wall, and tariffs on many imports. He has also declared the 2020 coronavirus...
Statutory Purpose in the Rollback Wars
Alice Kaswan Volume 71, Issue 5, 1177-1206 The Trump Administration has been rolling back environmental and other regulations at a rapid rate. Each time, they are called upon to interpret their authorizing statutes. As they reverse previous administrations’...
Sticky Regulations and Net Neutrality Restoring Internet Freedom
Aaron L. Nielson Volume 71, Issue 5, 1207-1224 Stable law is valuable, yet also remarkably lacking in our nation’s internet policy. Over the last two decades, the Federal Communications Commission (FCC) has charted a zigzagging course between heavier and lighter...
Operationalizing Internal Administrative Law
Christopher J. Walker & Rebecca Turnbull Volume 71, Issue 5, 1225-1248 As part of the Hastings Law Journal’s Administrative Law in the Age of Trump Symposium, this Essay argues that administrative law should stop fixating on federal courts. While court-centric...
Power Lines: Climate Change and the Politics of Undergrounding
Deborah Brundy Volume 71, Issue 5, 1249-1282 After years of enduring devastating loss of property and life, toxic air quality and intermittent power shutoffs, the public is primed for dramatic change to ensure a safe and resilient power grid. To achieve this,...