Articles

“When I use a word,” Humpty Dumpty once said, “it means just what I choose it to mean–neither more nor less.” Congress lacks that luxury because the judiciary judges the meaning of its words. However, in a venomous New York Times article, Paul Krugman says that judges who try to rely on the plain language of Ob ...

On Monday, November 9, 2015, at 9:30 a.m. in Courtroom 31 of the United States Court of Appeals for the D.C. Circuit, 333 Constitution Ave, N.W., Washington, D.C. 20001, I’ll be presenting oral argument in support of our challenge to EPA’s waiver grant from federal preemption under the Clean Air Act for CARB’s nonroad diesel R ...

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 Plan. For those that aren’t familiar, the plan was adopted after Congress rejected legislation, supported by the Obama administration, to re ...