Update on Clean Power Plan oral argument

The full D.C. Circuit is halfway through what is turning into a marathon argument on the legality of EPA’s “Clean Power Plan”–which has also been characterized as the Costly Power … ›

Is OSHA unconstitutional?

I think so.* In 1970, Congress enacted the Occupational Safety and Health Act, the main purpose of which is to assure workers safe and healthful working conditions. To that end, … ›

President's weekly report — December 18, 2015

Victory for contracting rights This week, in DirectTV v. Imburgia, the Supreme Court overturned, again, a California rule limiting freedom of contract.  You can read the decision here. California courts have had … ›

Venue victory in CARB waiver case

In an order issued today, the D.C. Circuit agreed with our argument that Dalton Trucking v. EPA should be argued in the 9th Circuit and not in the D.C. Circuit.  … ›

President's weekly report — November 13, 2015

Obamacare case dismissed and the administration continues to evade the law A district court dismissed West Virginia v. Department of Health and Human Services, that state’s challenge to the provisions … ›

Ted Hadzi-Antich at oral argument in D. C. Circuit

Monday of this week, I argued that EPA’s decision allowing California to enforce its statewide controls over emissions of particulate matter and nitrogen oxides from tractors and other nonroad diesel … ›

Constitutional outrages and power outages

Those are EPA’s gifts to the nation under the so-called Clean Power Plan.  On August 3rd, EPA unveiled the Plan as a set of Clean Air Act regulations.  Among other things, the Clean Power Plan dictates the mix of fuels … ›

It is almost never “rational, never mind ‘appropriate’” to ignore regulatory costs

Today’s Supreme Court decision in Michigan, et al. v. EPA (consolidated with Utility Air Regulatory Group v. EPA and National Mining Assoc. v. EPA) invalidated EPA’s regulation on electric power … ›

President's weekly report — February 13, 2015

Victory for Fishing!  The California Court of Appeal issued this favorable decision in California Association for Recreational Fishing v. Department of Fish and Wildlife.  The genesis of this dispute arose … ›

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Update on Clean Power Plan oral argument

The full D.C. Circuit is halfway through what is turning into a marathon argument on the legality of EPA’s “Clean Power Plan”–which has also been characterized as the Costly Power … ›

Is OSHA unconstitutional?

I think so.* In 1970, Congress enacted the Occupational Safety and Health Act, the main purpose of which is to assure workers safe and healthful working conditions. To that end, … ›

President's weekly report — December 18, 2015

Victory for contracting rights This week, in DirectTV v. Imburgia, the Supreme Court overturned, again, a California rule limiting freedom of contract.  You can read the decision here. California courts have had … ›

Venue victory in CARB waiver case

In an order issued today, the D.C. Circuit agreed with our argument that Dalton Trucking v. EPA should be argued in the 9th Circuit and not in the D.C. Circuit.  … ›

President's weekly report — November 13, 2015

Obamacare case dismissed and the administration continues to evade the law A district court dismissed West Virginia v. Department of Health and Human Services, that state’s challenge to the provisions … ›

Ted Hadzi-Antich at oral argument in D. C. Circuit

Monday of this week, I argued that EPA’s decision allowing California to enforce its statewide controls over emissions of particulate matter and nitrogen oxides from tractors and other nonroad diesel … ›

Constitutional outrages and power outages

Those are EPA’s gifts to the nation under the so-called Clean Power Plan.  On August 3rd, EPA unveiled the Plan as a set of Clean Air Act regulations.  Among other things, the Clean Power Plan dictates the mix of fuels … ›

It is almost never “rational, never mind ‘appropriate’” to ignore regulatory costs

Today’s Supreme Court decision in Michigan, et al. v. EPA (consolidated with Utility Air Regulatory Group v. EPA and National Mining Assoc. v. EPA) invalidated EPA’s regulation on electric power … ›

President's weekly report — February 13, 2015

Victory for Fishing!  The California Court of Appeal issued this favorable decision in California Association for Recreational Fishing v. Department of Fish and Wildlife.  The genesis of this dispute arose … ›

The Morning Docket

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Update on Clean Power Plan oral argument

The full D.C. Circuit is halfway through what is turning into a marathon argument on the legality of EPA’s “Clean Power Plan”–which has also been characterized as the Costly Power … ›

Is OSHA unconstitutional?

I think so.* In 1970, Congress enacted the Occupational Safety and Health Act, the main purpose of which is to assure workers safe and healthful working conditions. To that end, … ›

President's weekly report — December 18, 2015

Victory for contracting rights This week, in DirectTV v. Imburgia, the Supreme Court overturned, again, a California rule limiting freedom of contract.  You can read the decision here. California courts have had … ›

Venue victory in CARB waiver case

In an order issued today, the D.C. Circuit agreed with our argument that Dalton Trucking v. EPA should be argued in the 9th Circuit and not in the D.C. Circuit.  … ›

President's weekly report — November 13, 2015

Obamacare case dismissed and the administration continues to evade the law A district court dismissed West Virginia v. Department of Health and Human Services, that state’s challenge to the provisions … ›

Ted Hadzi-Antich at oral argument in D. C. Circuit

Monday of this week, I argued that EPA’s decision allowing California to enforce its statewide controls over emissions of particulate matter and nitrogen oxides from tractors and other nonroad diesel … ›

Constitutional outrages and power outages

Those are EPA’s gifts to the nation under the so-called Clean Power Plan.  On August 3rd, EPA unveiled the Plan as a set of Clean Air Act regulations.  Among other things, the Clean Power Plan dictates the mix of fuels … ›

It is almost never “rational, never mind ‘appropriate’” to ignore regulatory costs

Today’s Supreme Court decision in Michigan, et al. v. EPA (consolidated with Utility Air Regulatory Group v. EPA and National Mining Assoc. v. EPA) invalidated EPA’s regulation on electric power … ›

President's weekly report — February 13, 2015

Victory for Fishing!  The California Court of Appeal issued this favorable decision in California Association for Recreational Fishing v. Department of Fish and Wildlife.  The genesis of this dispute arose … ›

Update on Clean Power Plan oral argument

The full D.C. Circuit is halfway through what is turning into a marathon argument on the legality of EPA’s “Clean Power Plan”–which has also been characterized as the Costly Power … ›

Is OSHA unconstitutional?

I think so.* In 1970, Congress enacted the Occupational Safety and Health Act, the main purpose of which is to assure workers safe and healthful working conditions. To that end, … ›

President's weekly report — December 18, 2015

Victory for contracting rights This week, in DirectTV v. Imburgia, the Supreme Court overturned, again, a California rule limiting freedom of contract.  You can read the decision here. California courts have had … ›

Venue victory in CARB waiver case

In an order issued today, the D.C. Circuit agreed with our argument that Dalton Trucking v. EPA should be argued in the 9th Circuit and not in the D.C. Circuit.  … ›

President's weekly report — November 13, 2015

Obamacare case dismissed and the administration continues to evade the law A district court dismissed West Virginia v. Department of Health and Human Services, that state’s challenge to the provisions … ›

Ted Hadzi-Antich at oral argument in D. C. Circuit

Monday of this week, I argued that EPA’s decision allowing California to enforce its statewide controls over emissions of particulate matter and nitrogen oxides from tractors and other nonroad diesel … ›

Constitutional outrages and power outages

Those are EPA’s gifts to the nation under the so-called Clean Power Plan.  On August 3rd, EPA unveiled the Plan as a set of Clean Air Act regulations.  Among other things, the Clean Power Plan dictates the mix of fuels … ›

It is almost never “rational, never mind ‘appropriate’” to ignore regulatory costs

Today’s Supreme Court decision in Michigan, et al. v. EPA (consolidated with Utility Air Regulatory Group v. EPA and National Mining Assoc. v. EPA) invalidated EPA’s regulation on electric power … ›

President's weekly report — February 13, 2015

Victory for Fishing!  The California Court of Appeal issued this favorable decision in California Association for Recreational Fishing v. Department of Fish and Wildlife.  The genesis of this dispute arose … ›