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Tag: administrative deference

July 31, 2016

Is this the summer of our discontent?

Adherents of free markets and limited government have much to be gloomy about this year. Is now the summer of our discontent, made piteous winter by the loss of Scalia, increasing terrorist attacks, and concern about whether the next president will exceed the abuses of the past? Our concerns run deep, but we who fight ...

June 24, 2016

Court strikes down federal fracking regulations

Over on the Federalist Society’s FEDSOC BLOG, I have a post discussing a recent decision from a federal court that federal bureaucrats overstepped their authority when they adopted fracking regulations. In 2005, Congress exempted fracking from regulation under the Safe Drinking Water Act (the primary federal statute intended to protect drinki ...