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Administrative Law

The Burden of Unburdening: Administrative Law of Deregulation

The Donald Trump Administration has been attempting to roll back a wide array of regulations, including rules that have governed methane emissions, established energy-efficiency standards, and defined “waters of the United States.” The...

Visual Rulemaking

This Article uncovers an emerging and significant phenomenon that has gathered momentum only within the last few years: the use of visual media to develop, critique, and engender support for (or opposition to) high-stakes, and sometimes...

The Potential of Visual Rulemaking to Strengthen and Democratize Rulemaking

Profs. Porter and Watts’ article, Visual Rulemaking, explores the potential of visual images to “strengthen and further democratize” the rulemaking process by promoting transparency, accountability, and increased public...

The Transformation Toward Visual Communication and Brevity, aka Lawyers Can Communicate Differently and Still Be Lawyers

The premise in Visual Rulemaking, by Professors Elizabeth Porter and Kathryn Watts—that graphics and visuals are gaining traction on the written word in the regulatory setting—seems to threaten the very nature of everything to...

Visualizing Accountability and Transparency Measures

Porter and Watts’ article helpfully underscores the values that should be reflected in the regulatory process, including the worthy goals of making regulatory activities more transparent, increasing political accountability, and...

Pouring New Wine Into Old Wineskins? Promulgating Regulations in the Era of Social Media

In Visual Rulemaking, Prof. Elizabeth G. Porter and Prof. Kathryn A. Watts challenge agencies to break free of dense text and to explore a new universe of “visual rulemaking.” Citing colorful examples from the past few years,...

Delaware Riverkeeper Network v. FERC

The D.C. Circuit upheld the dismissal of a lawsuit brought by an environmental group challenging FERC's funding structure. The group argued that the agency's funding structure created structural bias by incentivizing the agency to...

Center for Biological Diversity v. Export-Import Bank

The Ninth Circuit upheld a lower court decision rejecting environmental groups' claim that Export-Import Bank violated the ESA and the National Historic Preservation Act (NHPA). The groups argued that the agency failed to follow proper...

California Cattlemen's Ass'n v. United States Fish & Wildlife Service

A district court denied motions to dismiss a lawsuit challenging the federal designation of over 1.8 million acres in the Sierra Nevada mountains as critical habitat for three amphibian species. Associations representing California...

The “Relationship Premium”: Should Cost-Benefit Analysis Include the Value of Human Connections?

People care enormously about what happens to those with whom they are close. Nonetheless, standard cost-benefit analyses usually measure only direct impacts on individuals, as well as sometimes the abstract preferences people have about...

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