Sackett v. EPA
Vol. 137 No. 1
The Clean Water Act is the principal federal water pollution statute. It prohibits unpermitted discharges of pollution into “navigable waters,” which the statute defines...
Regulation
Cal. Lab. Code §§ 96, 1470–1473 (West 2020 & Supp. 2023)
California Law Creates Council to Set Minimum Work Standards for Fast-Food Industry.
The Awareness Doctrine
Vol. 135 No. 7
The state of news media leaves much to be desired. Traditional broadcast mediums are dominated by a select few voices that overwhelmingly push partisan...
Mandate Versus Movement: State Public Service Commissions and Their Evolving Power Over Our Energy Sources
Chapter Four
Vol. 135 No. 6
What is the Law’s Role in a Recession?
Vol. 135 No. 5
In March 2020, the world faced not only a public health emergency but also one of the most profound shocks to the global economy...
Structural Deregulation
Vol. 135 No. 2
Modern critics of the administrative state portray agencies as omnipotent behemoths, invested with vast delegated powers and largely unaccountable to the political branches of...
Rewriting Our Nation’s Deadly Traffic Manual
Vol. 134 No. 9
Every day, Americans entrust their lives to a road system that is governed by the Manual on Uniform Traffic Control Devices for Streets and...
The Legal Infrastructure of Childbirth
Chapter Three
Vol. 134 No. 6
Why Brexit Will Not Deliver the UK Regulatory Freedom
On March 29, 2019, the United Kingdom is due to exit the European Union. This process—known as “Brexit”—was meant to be a carefully engineered...
Waiving Chevron Deference
Vol. 132 No. 5
In a challenge to an agency action, what happens when the agency does not claim Chevron deference? Perhaps the agency has failed to realize...