Comments on behalf of Project on Fair Representation concerning the Nasdaq Proposed Rule Related to Board Diversity, File No. SR-NASDAQ-2020-081
Opening Brief for Petitioners Urban Air Initiative et al. in American Fuel & Petrochemical Manufacturers v. EPA, No. 19-1124 and consolidated cases
Reply Brief for Petitioners Urban Air Initiative et al. in American Fuel & Petrochemical Manufacturers v. EPA, No. 19-1124 and consolidated cases
Comments of Illinois Corn Growers et al. on EPA’s Vehicle Test Procedure Adjustments for Tier 3 Test Fuel, No. EPA-HQ-OAR-2016-0604
Comments of BG&A Partner Jonathan Berry on EPA’s “Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process”
Amicus Brief of Richard Epstein and Jeremy Rabkin in U.S. et al. v. DTE et al., No. 10-13101 (E.D. Mich. July 30, 2020)
Opening Brief for Petitioners Urban Air Initiative, et al. in American Fuel & Petrochemical Manufacturers v. EPA, No. 19-1124.
Brief of Economists Michael P. Keane et al., Students for Fair Admissions v. President and Fellows of Harvard College, No. 19-2005 (1st Cir. Feb. 25, 2020)
Brief of African American Pro-Life Organizations as Amici Curiae in Support of Rebekah Gee, June Medical Services LLC v. Gee, No. 18-1323 (S. Ct. Dec. 31, 2019)
Brief of Amici Curiae State National Bank of Big Spring, The Competitive Enterprise Institute, and the 60 Plus Association in Support of Petitioner, Seila Law v. CFPB, No. 19-7 (S. Ct. Dec. 16, 2019)
GUSTAFSON: Litigation Update: Klein v. Oregon Bureau of Labor and Industries, Federalist Society Teleforum (Oct. 3, 2019)
Petitioners’ Supplemental Reply Brief, Klein v. Oregon Bureau of Labor & Industries, No. A159899 (Or. App. Aug. 8, 2019)
Petition for Writ of Certiorari, Valent v. Saul, Commissioner of Social Security, No. 19-221 (S. Ct. Aug. 16, 2019)
Petition of Urban Air Initiative et al., for Reconsideration of EPA’s Modifications to Fuel Regulations To Provide Flexibility for E15, EPA-HQ-OAR-2018-0775 (Aug. 9, 2019)
Petitioners’ Supplemental Brief, Klein v. Oregon Bureau of Labor & Industries, No. A159899 (Or. App. Aug. 8, 2019)
GUSTAFSON: Hearing on Cost-Benefit Analysis and EPA’s Mercury Rule Before the H. Comm. on Energy & Environment, Subcomm. on Oversight & Investigations, 116th Cong. (2019)
Comments of Urban Air Initiative et al. on EPA’s Proposed Modifications to Fuel Regulations To Provide Flexibility for E15 (Apr. 29, 2019)
Comments of Illinois, Iowa, and Missouri Corn Growers Associations and Nebraska Ethanol Board on EPA’s Proposed Modifications to Fuel Regulations to Provide Flexibility for E15 (Apr. 29, 2019)
GUSTAFSON (moderator): The Future of Seminole Rock Deference? Analyzing the Oral Argument in Kisor v. Wilkie, ABA Administrative Law & Regulatory Practice Teleconference (Apr. 3, 2019)
GUSTAFSON: Re-Considering Co-Benefits in Environmental Regulation, Federalist Society Teleforum (Mar. 29, 2019)
VARCOE: Courthouse Steps Oral Argument, Kisor v. Wilkie, Federalist Society Teleforum (Mar. 27, 2019)
Comments of Urban Air Initiative on EPA’s Proposed Partial Consent Decree, Sierra Club v. Wheeler, No. 17-2174 (D.D.C. Mar. 25, 2019)
GUSTAFSON: Environmental Litigation in the Trump Administration: The First Two Years, ABA Section of Environment, Energy, and Resources, Trends, Mar/Apr 2019
CONDE: Courthouse Steps Preview: PDR Network, LLC v. Carlton & Harris Chiropractic, Federalist Society Teleforum (Mar. 12, 2019)
VARCOE: A Most Unusual Brief From the Solicitor General: Threading the Needle on Auer Deference, Federalist Society Blog, Mar. 8, 2019
Reply Brief for Petitioners, Klein v. Oregon Bureau of Labor & Industries, No. 18-547 (S. Ct. Feb. 11, 2019)
CONDE: PDR Network or: Why the Hobbs Act Doesn’t Incorporate Chevron Doctrine (Part I), Notice & Comment, Feb. 6, 2019
GUSTAFSON: EPA Reconsiders its Use of Co-Benefits in Cost-Benefit Analysis, Federalist Society Blog, Jan. 16, 2019
Brief of Economists as Amici Curiae in Support of Plaintiffs, Students for Fair Admissions v. Harvard College, No. 14-14176 (D. Mass. Jan. 9, 2019)
Reply in Support of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Dec. 21, 2018)
GRAY & KAZMAN: Supreme Court Should Do What Congress Won’t: Rein in the Bureau of Consumer Financial Protection, The Hill, Dec. 20, 2018
Comments of Urban Air Initiative on NHTSA’s Draft Environmental Impact Statement for the Proposed Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (Oct. 26, 2018)
Comments of Illinois Corn Growers Association et al. on NHTSA and EPA’s Proposed Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (Oct. 26, 2018)
Comments of Urban Air Initiative et al. on NHTSA and EPA’s Proposed Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (Oct. 26, 2018)
Petition for Writ of Certiorari, Klein v. Oregon Bureau of Labor & Industries, No. 18-547 (S. Ct. Oct. 19, 2018)
VARCOE: Déjà Vu All Over Again: Case Studies in Judicial Reluctance to Indulge Climate Change Regulation-by-Litigation, Washington Legal Foundation (Oct. 2018)
Petition for Writ of Certiorari, State National Bank of Big Spring v. Mnuchin, No. 18-307 (S. Ct. Sept. 6, 2018)
GRAY: Yes Kavanaugh: He Antagonizes Cronyism and Big Bureaucracy, American Conservative, Sept. 4, 2018
Brief of Urban Air Initiative as Amicus Curiae in Support of Neither Party, Sierra Club v. Wheeler, No. 17-2174 (D.D.C. Aug. 13, 2018)
Comments of Urban Air Initiative on EPA’s ANPRM on Increasing Consistency and Transparency in Considering Costs and Benefits in the Rulemaking Process (Aug. 13, 2018)
Brief of Economists as Amici Curiae in Support of Plaintiffs, Students for Fair Admissions v. Harvard College, No. 14-14176 (D. Mass. July 30, 2018)
VARCOE: From GMO Litigation to GMO Disclosure Regulation: What’s Ahead for Disputes over Genetically Engineered Crops?, ABA Natural Resources & Environment (Summer 2018)
VARCOE: N. District of California: Elected Branches of Government Are the Proper Channels for Addressing Climate Change, Federalist Society Blog, July 12, 2018
CONDE (moderator): EPA’s CAFE: What’s on the Menu for Fuel Economy and Greenhouse Gas Standards?, Regulatory Transparency Project Free Lunch Podcast (June 29, 2018)
GUSTAFSON & CONDE: Congress Rebukes CFPB’s Bureaucratic Overreach, Washington Examiner, June 14, 2018
VARCOE (moderator): ALDF v. Wasden: The Ninth Circuit and Idaho’s “Ag-Gag” Law, Federalist Society Teleforum (May 18, 2018)
VARCOE: Do Animals (or Humans Claiming to Represent Them) Have Constitutional Standing to File Federal Lawsuits? In the Ninth Circuit, the Answer Is Yes, Federalist Society Blog, May 3, 2018
VARCOE: Ninth Circuit Panel Punts U.S. Climate-Change Litigation Back to Trial Court—But for How Long?, Washington Legal Foundation, Apr. 20, 2018
Brief of Amicus Curiae Urban Air Initiative, Sierra Club v. Pruitt, No. 17-2174 (D.D.C. Apr. 5, 2018)
GUSTAFSON (moderator): Administrator Pruitt’s First Year at EPA, Federalist Society Teleforum (Mar. 15, 2018)
VARCOE: California Municipalities’ Climate-Change Litigation Against Energy Companies Takes a Surprising New Turn, Washington Legal Foundation Legal Pulse, Jan. 26, 2018
GRAY: Extra Icing on an Unconstitutional Cake Already Frosted? A Constitutional Recipe for the CFPB, Geo. Mason Law Rev. (2017)
VARCOE (moderator): Courthouse Steps: Juliana v. United States, Federalist Society Teleforum (Dec. 15, 2017)
GUSTAFSON: What the Trump Administration (and Congress and the Supreme Court) Can Do To Restore the Rule of Law, Insider, Fall 2017
VARCOE: Does the Constitution Provide a Substantive Due-Process Right to a Stable Climate System?, Washington Legal Foundation, Oct. 6, 2017
Comments of Urban Air Initiative et al. on EPA’s Reconsideration of the Final Determination of the Mid-term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles (Oct. 5, 2017)
Comments of Illinois and Missouri Corn Growers Associations on EPA’s Reconsideration of the Final Determination of the Mid-term Evaluation of Greenhouse Gas Emissions Standards for Model Year 2022-2025 Light-Duty Vehicles (Oct. 5, 2017)
Brief of Amicus Curiae Kevin Donovan, M.D., Planned Parenthood v. Smith, No. 17-50282 (5th Cir. Aug. 14, 2017)
VARCOE: Will the Ninth Circuit Rein in What Might Be ‘the Most Important Lawsuit on the Planet’?, The Recorder, June 20, 2017
GRAY: The President’s Constitutional Power to Order Cost-Benefit Analysis and Centralized Review of Independent Agency Rulemaking, Mercatus Working Paper (2017)
Comments of Urban Air Initiative et al. on the EPA Regulatory Reform Task Force’s Evaluation of Existing Regulations (May 15, 2017)
Brief of Amicus Curiae State National Bank of Big Spring et al., PHH Corp. v. CFPB, No. 15-1177 (D.C. Cir. Mar. 10, 2017)
Comments of Urban Air Initiative et al. on EPA’s Renewables Enhancement and Growth Support Rule (Feb. 16, 2017)
Request for Correction of Information Concerning EPA’s EPAct/V2/E-89 and Motor Vehicle Emissions Simulator Model (MOVES2014) (Jan. 19, 2017)
Comments of the Energy Future Coalition & Urban Air Initiative on EPA’s Proposed Determination on the Appropriateness of the Model Year 2022-2025 Light-Duty Vehicle Standards Under the Midterm Evaluation (Dec. 30, 2016)
LYONS: Safari International Club v. Jewell: D.C. Circuit Hunts Down Agency’s Procedural Evasions of Judicial Review, The Federalist Society Blog, Dec. 14, 2016
GRAY: Prohibitions of Presidential Conflicts of Interest Have Negative Repercussions, New York Times, Dec. 7, 2016
GRAY: Give Trump Inc. to the Kids – It Solves More Ethical Problems Than You Think, The Hill, Nov. 23, 2016
GRAY & PASSAMANI: The Indictment that Made Bill Clinton President, The American Conservative, Nov. 1, 2016
Petitioners’ Reply Brief, Klein v. Oregon Bureau of Labor & Industries, No. A159899 (Or. App. Sept. 8, 2016)
Comments on In Re Volkswagen “Clean Diesel” Marketing, Sales Practices, and Products Liability Litigation, Case No: MDL No. 2672 CRB (JSC), and D.J. Ref. No. 90-5-2-1-11386 (Aug. 5, 2016)
Petition for Rehearing En Banc for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. July 29, 2016)
Comments of the Energy Future Coalition et al. on EPA’s Renewable Fuel Standard Program: Standards for 2017 and Biomass-Based Diesel Volume for 2018 (July 11, 2016)
GAISER: Justice Clarence Thomas at Hillsdale: Fulfill the Obligations of Freedom To Become Beacons of Light, Ethics & Religious Liberty Commission, July 7, 2016
GRAY & WIRTH: The Case for More Ethanol: Why Green Critics are Wrong, Yale Environment 360, May 25, 2016
GRAY: Allocation of Funds Collected Under the Affordable Care Act’s Transitional Reinsurance Program Between Treasury And Reinsurance-Eligible Issuers (May 23, 2016)
GRAY: Settling the Question: Did Bank Settlement Agreements Subvert Congressional Appropriations Powers? Hearing Before the H. Comm. on Financial Services, Subcomm. on Oversight and Investigation (2016)
Petitioners’ Opening Brief in Klein v. Oregon Bureau of Labor & Industries, No. A159899 (Or. App. Apr. 25, 2016)
Reply Brief on Procedural and Record-Based Issues, West Virginia v. EPA, No. 15-1363+ (D.C. Cir. Apr. 15, 2016)
GRAY: Reining in a Rogue Bureau, A Law Unto Itself Faces the Constitution, Washington Times, Apr. 12, 2016
Request for Correction of Information Concerning EPA’s Lifecycle Analysis of Ethanol and Gasoline under the Renewable Fuel Standard (Apr. 7, 2016)
Brief of Legal Scholars Ronald A. Cass and Christopher C. Demuth and the Judicial Education Project as Amici Curiae in Support of Respondents, United States v. Texas, No. 15-674 (S. Ct. Apr. 4, 2016)
Report to EPA Inspector General on New Evidence Concerning the Lifecycle Emissions of Biofuels (Mar. 11, 2016)
GUSTAFSON: What Scalia’s Death Means for the Biggest Supreme Court Cases, Washington Examiner, Feb. 22, 2016
Brief of Petitioners on Procedural and Record-Based Issues, West Virginia v. EPA, No. 15-1363+ (D.C. Cir. Feb. 19, 2016)
Brief of the American Action Forum, Cato Institute, and Judicial Education Project, United Student Aid Funds v. Bible, No. 15-861 (S. Ct. Feb. 3, 2016) (on petition for certiorari)
GRAY: Upgrading Existing Regulatory Mechanisms for Transatlantic Regulatory Cooperation, Law & Contemporary Problems (2015)
Motion for Summary Judgment, State National Bank of Big Spring v. Lew, No. 12-1032 (D.D.C. Nov. 6, 2015)
Reply Brief for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. Oct. 13, 2015)
Brief for Intervenors TechFreedom et al., U.S. Telecom Ass’n v. FCC, No. 15-1063 (D.C. Cir. Oct. 13, 2015)
WHITE: Perez v. Mortgage Bankers: Heralding the Demise of Auer Deference?, Cato Supreme Court Review 333 (2015)
Brief of American Action Forum as Amicus Curiae in Support of Rehearing En Banc, Bible v. United Student Aid Funds, No. 14-1806 (7th Cir. Sept. 8, 2015)
GRAY: Why the Robert McDonnell Case is a Threat to the Constitution, Washington Post, September 3, 2015
GRAY: The Administrative State v. The Constitution: Dodd-Frank at Five Years, Hearing Before the Subcomm. on the Constitution of the S. Comm. on the Judiciary (2015)
GRAY: The Nondelegation Canon’s Neglected History and Underestimated Legacy, 22 Geo. Mason L. Rev. 619 (2015)
Request for Correction of Information Concerning EPAct/V2/E-89 Fuel Effects Study and Motor Vehicle Emissions Simulator Model (MOVES2014) (Mar. 6, 2015)
GRAY, WHITE & GUSTAFSON: Did the Challengers in King Really Ignore Federalism? Their Response, Volokh Conspiracy, Mar. 3, 2015
Reply Brief for the Petitioners, Energy Future Coalition v. EPA, No. 14-1123 (D.C. Cir. Feb. 12, 2015)
GRAY: Supreme Court Can End Fraudulent Payouts in BP Spill Case, Investor’s Business Daily, Nov. 7, 2014
GRAY: Obama’s Empty Promises, Go-It-Alone Policies Won’t Fight Climate Change, Washington Times, Oct. 29, 2014
Brief of the Cato Institute, the Competitive Enterprise Institute, and the Judicial Education Project, Perez v. Mortgage Bankers Ass’n, Nos. 13-1041, 13-1052 (S. Ct. Oct. 16, 2014)
Brief of Amicus Curiae The Galen Institute, Halbig v. Burwell, No. 14-5018 (D.C. Cir. Oct. 3, 2014) (en banc)
Brief of the Center for the Rule of Law, Dep’t of Transportation v. Ass’n of Am. Railroads, No. 13-1080 (S. Ct. Sept. 29, 2014)
GRAY: The Obama Administration Cannot Unilaterally Fund the Affordable Care Act’s “Risk Corridors” Without Congressional Appropriations (Sept. 18, 2014)
WHITE: Betraying the Constitution, Wall St. J., June 29, 2014 (reviewing Philip Hamburger, Is Administrative Law Unlawful? (2014))
WHITE: Congress and the New Administrative State: Remarks Prepared for the Heritage Foundation’s “Red Tape Rising” Discussion (Apr. 2, 2014)
GRAY: We Can Build That: Obama Rejects the Scottish Enlightenment Ideas that Inspired the Constitution, American Conservative, Mar. 12, 2014
GRAY: A More Efficient and Effective Government: Improving the Regulatory Framework, Hearing Before the Subcomm. on Efficiency and Effectiveness of Federal Programs and the Federal Workforce of the S. Comm. on Homeland Security & Gov’t Affairs (2014)
Opening Brief for the State Appellants, State National Bank of Big Spring v. Lew, Nos. 13-5247, 13-5248 (D.C. Cir. Feb. 11, 2014)
Opening Brief of Private Plaintiffs-Appellants, State National Bank of Big Spring v. Lew, Nos. 13-5247, 13-5248 (D.C. Cir. Feb. 11, 2014)
GRAY: Obama’s ‘Pen and Phone’ vs. Constitution’s Checks and Balances, Washington Times, Jan. 28, 2014
Brief of Amici Curiae Kansas et al., Utility Air Regulatory Group v. EPA, No. 12-1146+ (S. Ct. Dec. 16, 2013)
Brief of Amici Curiae State National Bank of Big Spring et al., Noel Canning v. NLRB No. 12-1281 (S. Ct. Nov. 25, 2013)
GRAY: Response to Questions, The Office of Information and Regulatory Affairs: Federal Regulations and Regulatory Reform, Hearing Before the H. Subcomm. on Regulatory Reform, Commercial and Antitrust Law of the Comm. on the Judiciary (2013)
GRAY: Democrats Threatening Impartiality of D.C. Circuit Court for Partisan Purposes, Breitbart, Nov. 15, 2013
GRAY: Angela Merkel’s Big Victory in German Elections Is Good News; But Results Raise Some Questions About Continuation of Key Initiatives, The European Institute, Oct. 5, 2013
GRAY: The Office of Information and Regulatory Affairs: Federal Regulations and Regulatory Reform, Hearing Before the H. Subcomm. on Regulatory Reform, Commercial and Antitrust Law of the Comm. on the Judiciary (2013)
GRAY: The Regulatory Accountability Act of 2013, Hearing before the Subcomm. on Regulatory Reform & Antitrust Law of the H. Comm. on the Judiciary (2013)
GRAY: Examining Constitutional Deficiencies and Legal Uncertainties in the Dodd-Frank Act, Hearing Before the H. Comm. on Financial Services (2013)
GRAY: Congressional Abdication: Delegation Without Detail and Without Waiver, Harvard Journal of Law and Public Policy (2013)
Comments of the Energy Future Coalition and Urban Air Initiative on Proposed Tier 3 Motor Vehicle Emission and Fuel Standards (July 1, 2013)
BOCCIA & GAISER: Three Reasons for Social Security to Use Chained CPI, RealClearPolitics, Mar. 26, 2013
GRAY: The Medicare Modernization Act’s Prohibition Against Federal Negotiation of Drug Prices (Feb. 24, 2013)
GRAY: An Economic NATO: A New Alliance for a New Global Order, Atlantic Council Issue Brief, Jan. 22, 2013
GRAY: Regulation Nation: The Obama Administration’s Regulatory Expansion v. Jobs and Economic Recovery, Hearing Before the H. Comm. on the Judiciary (2012)
WHITE: Ahead of His Class, Wall St. J., Apr. 2, 2012 (reviewing David M. Dorsen, Henry Friendly: Greatest Judge of His Era (2012))
GRAY: Uncharted Territory: What are the Consequences of President Obama’s Unprecedented ‘Recess’ Appointments?, Hearing Before the H. Comm. on Oversight and Government Reform (2012)
Brief of Bioethics Scholars as Amici Curiae, Sherley v. Sebelius, No. 11-5241 (D.C. Cir. Jan. 27, 2012)
GRAY: The Regulatory Accountability Act of 2011, Hearing on H.R. 3010 Before the H. Comm. on the Judiciary (2011)
GUSTAFSON: An “Outside Limit” for Refund Suits: The Case Against the Tax Exception to the Six-Year Bar on Claims Against the Government, 90 Oregon L. Rev. 191 (2011)
GRAY & SHU: The Dodd-Frank Wall Street Reform & Consumer Protection Act of 2010: Is It Constitutional?, Engage (2010)
LYONS: Viewpoint Discrimination and Media Access to Government Officials, in Developments in the Law: The Law of Media, 120 Harv. L. Rev. 990, 1019 (2007)
GRAY & VARCOE: Octane, Clean Air, and Renewable Fuels: A Modest Step Toward Energy Independence, Texas Rev. of Law & Politics (2006)
WHITE: Toward the Framers’ Understanding of “Advice and Consent”: A Historical and Textual Inquiry, 29 Harv. J. L. & Pub Pol’y 103 (2005)
GRAY: The Search for an Intelligible Principle: Cost-Benefit Analysis and the Nondelegation Doctrine, 5 Tex. Rev. of L. & Politics 1 (2000)
GRAY: Reflections on the Bush Regulatory Record, Symposium, Cato Review of Business & Government (1993)
