The University of Pennsylvania Law School's, The Regulatory Review's Top Regulatory Essays of 2018 include two contributions by GW Law faculty. The opinion pieces are determined by the number of page views during the past 12 months. Read work by Lerner Family Associate Dean for Public Interest and Public Service Law Alan B. Morrison and the Lyle T. Alverson Professor of Law Richard J. Pierce Jr. in this Year in Review series. The Regulatory Review is a Publication of the Penn Program on Regulation at the University of Pennsylvania Law School.
Firing Mueller Is Only the First Step
April 17, 2018 | Alan B. Morrison, The George Washington University Law School
Removal of a special counsel is permitted only “for misconduct, dereliction of duty, incapacity, conflict of interest, or for other good cause”—and I expect that Mueller would be in court the next day, seeking reinstatement, and with a good chance of winning, certainly in the lower courts if Trump were to fire him. President Trump has not figured out what comes next.
Republicans Discover the Mythical Basis for Regulatory Reform
January 30, 2018 | Richard J. Pierce, Jr., The George Washington University Law School
During the six years when Republicans controlled Congress and President Barack Obama occupied the White House, Republican leaders proposed and the U.S. House of Representatives often enacted myriad “regulatory reform” bills. We have heard little about the need for these legislative reforms to the rulemaking process since Republicans gained control not only of Congress but also the White House.
Regulatory Reform Under Reagan and Trump
July 30, 2018 | Richard J. Pierce, Jr., The George Washington University Law School
Both Presidents Ronald Reagan and Donald J. Trump made regulatory reform a major part of their policy agendas, but their approaches to reform differ diametrically. President Reagan’s success will doom President Trump’s efforts.
Putting Trump’s “Affordable Clean Energy” Plan in Perspective
August 28, 2018 | Richard J. Pierce, Jr., The George Washington University Law School
The Trump Administration recently took the step to overhaul climate change regulations put in place under the Obama Administration. President Trump’s proposed rule would replace the Clean Power Plan, the Obama Administration’s signature environmental regulation. The rule’s lax emission standards fit within this current Administration’s deregulatory goals, but they also likely are needed to clear many of the legal hurdles that doomed the Clean Power Plan.
Pipeline Opposition Impedes Climate Change Mitigation
September 13, 2018 | Richard J. Pierce, Jr., The George Washington University Law School
Groups that delay or block construction of gas pipelines and electricity transmission lines create significant obstacles to efforts to mitigate climate change. Going forward, any environmental advocacy organization should give a lot of thought to the likely effects of its actions before opposing such construction.