Boyden Gray & Associates regularly advises and represents clients on regulatory matters. The firm continues to promote regulatory reform through targeted litigation, comments in rulemaking proceedings, congressional testimony, Executive-branch advocacy, and legal scholarship.

Litigation:

• BG&A Presents Argument on SEC Endorsement of Nasdaq Board Diversity Quotas
• Boyden Gray & Associates Completes Briefing in Challenge of FCC’s Universal Service Fund
• The Fifth Circuit Grants Rehearing En Banc in Federal Worker Vax Mandate Suit
• Petitioners’ Opening Brief in Consumers’ Research et al. v. FCC, No. 22-60008 (5th Cir. Apr. 11, 2022)
• Boyden Gray & Associates Files Opening Brief Challenging the SEC’s Approval of Nasdaq Board Diversity Rules on Behalf of Alliance for Fair Board Recruitment
• Opening Brief in Alliance for Fair Board Recruitment, et al. v. Securities and Exchange Commission, No. 21-60626 in the United States Court of Appeals for the Fifth Circuit (Nov. 22, 2021)
• Petition for Administrative Stay in Job Creators Network, et al. v. U.S. Department of Labor, et al., No. 21-3491 in the United States Court of Appeals for the Eighth Circuit
• Opening Brief for Petitioners Urban Air Initiative, et al. in American Fuel & Petrochemical Manufacturers v. EPA, No. 19-1124.
• Petition for Writ of Certiorari, Valent v. Saul, Commissioner of Social Security, No. 19-221 (S. Ct. Aug. 16, 2019)
• 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)
• 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)
• Brief of the Cato Institute, the Competitive Enterprise Institute, and the Judicial Education Project, Perez v. Mortage Bankers Ass’n, Nos. 13-1041, 13-1052 (S. Ct. Oct. 16, 2014)
• 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)
• Brief of Amici Curiae Kansas et al., Utility Air Regulatory Group v. EPA, No. 12-1146+ (S. Ct. Dec. 16, 2013)

Regulatory Comments:

• Boyden Gray & Associates Letter Stands Out in SEC Climate Risk Comments
• Boyden Gray & Associates Files Comment on SEC’s Proposed Climate Disclosure Rulemaking
• Boyden Gray & Associates Submits Comments on SEC SPAC Proposed Rule
• BG&A Files Comments on Behalf of Consumers’ Research Opposing FCC’s Universal Service Fund
• Comments Submitted on Behalf of Urban Air Initiative and Consumers’ Research Concerning the Environmental Protection Agency’s Reconsideration of a Previous Withdrawal of a Waiver of Preemption, EPA-HQ-OAR-2021-0257 (July 6, 2021)
• Comments on Behalf of Urban Air Initiative Concerning the National Highway Traffic Safety Administration Corporate Average Fuel Economy (CAFE) Preemption, File No. NHTSA-2021-0030
• Comments Submitted on Behalf of Alliance for Fair Board Recruitment Concerning the Nasdaq Stock Market LLC; Notice of Filing of Proposed Rule Change to Adopt Listing Rules Related to Board Diversity, No. SR-NASDAQ-2020-081 (April 6, 2021)
• 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 Urban Air Initiative et al. on EPA’s Proposed Modifications to Fuel Regulations To Provide Flexibility for E15 (Apr. 29, 2019)
• 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)
• Comments of Urban Air Initiative et al., on the EPA Regulatory Reform Task Force’s Evaluation of Existing Regulations (May 15, 2017)

Congressional Testimony:

• 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)
• 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)
• 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: 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: Regulation Nation: The Obama Administration’s Regulatory Expansion v. Jobs and Economic Recovery, Hearing Before the H. Comm. on the Judiciary (2012)
• GRAY: The Regulatory Accountability Act of 2011, Hearing on H.R. 3010 Before the H. Comm. on the Judiciary (2011)

 Legal Scholarship:

• GRAY: The President’s Constitutional Power to Order Cost-Benefit Analysis and Centralized Review of Independent Agency Rulemaking, Mercatus Working Paper (2017)
• GRAY: Upgrading Existing Regulatory Mechanisms for Transatlantic Regulatory Cooperation, Law & Contemporary Problems (2015)
• WHITE: Perez v. Mortgage Bankers: Heralding the Demise of Auer Deference?, Cato Supreme Court Review 333 (2015)
• GRAY: The Clean Air Act Under Regulatory Reform, 11 Tulane Envtl. L.J. 235 (1998)
• GRAY: Obstacles to Regulatory Reform, 1997 Univ. Chi. Legal Forum 1
• GRAY: Judgment, Power, and Rent Seekers, 48 Administrative L. Rev. 334 (1996)
• GRAY: Reflections on the Bush Regulatory Record, Symposium, Cato Review of Business & Government (1993)
• GRAY: Regulation and Federalism, Yale J. on Regulation (1983)

Commentary:

• E&E News Quotes Boyden Gray & Associates on the Major Questions Doctrine and Three Major Climate Rules
• E&E News Points to Boyden Gray & Associates as Leader on Major Questions Doctrine, Apr. 11, 2022
• GRAY: Boardrooms’ Diversity Should Not Be Mandated, The Washington Post, Jan. 30, 2022
• GRAY: New York’s Discriminatory Policies are Immoral and Unlawful, Jan. 19, 2022
• BERRY: OSHA, Title VII, and Limits on Vaccine Mandates
• GRAY: No One Falls for Biden’s Gas-Price Blame Game, Wall Street Journal, November 23, 2021
• GRAY: American Energy, Chinese Ambition, and Climate Realism, American Affairs, November 19, 2021
• GRAY & BERRY: Nasdaq’s Boardroom Diversity Push Isn’t Evidence-Based, April 29, 2021
• 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)
• 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
• CONDE: PDR Network or: Why the Hobbs Act Doesn’t Incorporate Chevron Doctrine (Part I), Notice & Comment, Feb. 6, 2019
• VARCOE: Revisiting Agency Guidance, Federalist Society Blog, Jan. 31, 2019
• GUSTAFSON: EPA Reconsiders its Use of Co-Benefits in Cost-Benefit Analysis, Federalist Society Blog, Jan. 16, 2019
• VARCOE: Reconsidering the Legal Status of Agency Guidance, Federalist Society Blog, Jan. 14, 2019
• GUSTAFSON: Trump the Deregulator, Washington Examiner, Oct. 23, 2017
• GUSTAFSON: What the Trump Administration (and Congress and the Supreme Court) Can Do To Restore the Rule of Law, Insider, Fall 2017
• 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: EPA’s Use of Co-Benefits, Engage (2015)
• GRAY & NORRIS: Leadership from States Could Curb Federal Regulatory Abuse, The Hill, Oct. 2, 2015
• GRAY: A Cost-Benefit Analysis from EPA Lacking in Common Sense, Washington Times, July 29, 2014
• WHITE: Betraying the Constitution, Wall St. J., June 29, 2014 (reviewing Philip Hamburger, Is Administrative Law Unlawful? (2014))
• WHITE: Reining In the Agencies, National Affairs (2012)
• GRAY: Regulatory Reform: Past and Future, Natural Resources & Environment (Winter 1998)
• WHITE: Congress and the New Administrative State: Remarks Prepared for the Heritage Foundation’s “Red Tape Rising” Discussion (Apr. 2, 2014)