Daniel E. Walters
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Animal Agriculture Liability for Climatic Nuisance: A Path Forward for Climate Change Litigation? Open
Despite possessing statutory authority to regulate at least some contributing causes of climate change, environmental regulators in the United States have recently found themselves tied up in political gridlock. In response, advocates are …
Lumpy Social Goods in Energy Decarbonization: Why We Need More Than Just Markets for the Clean Energy Transition Open
To avoid the worst consequences of global climate change, the United States must achieve daunting targets for decarbonizing its electric power sector on a very short timescale. Policy experts largely agree that achieving these goals will r…
Symmetry’s Mandate: Constraining the Politicization of American Administrative Law Open
Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over t…
Litigating EPA Rules: A Fifty-Year Retrospective of Environmental Rulemaking in the Courts Open
Over the last fifty years, the U.S. Environmental Protection Agency (EPA) has found itself repeatedly defending its regulations before federal judges. The agency’s engagement with the federal judiciary has resulted in prominent Supreme Cou…
Symmetry's Mandate: Constraining the Politicization of American Administrative Law Open
Recent years have seen the rise of pointed and influential critiques of deference doctrines in administrative law. What many of these critiques have in common is a view that judges, not agencies, should resolve interpretive disputes over t…
The Self-Delegation False Alarm: Analyzing Auer Deference's Effect on Agency Rules Open
Auer deference holds that reviewing courts should defer to agencies when the latter interpret their own preexisting regulations. This doctrine relieves pressure on agencies to undergo costly notice-and-comment rulemaking each time inter…
Capturing the regulatory agenda: An empirical study of agency responsiveness to rulemaking petitions Open
In environmental regulation as well as in other regulatory domains, a critical question is how outside interests shape the rulemaking agenda. A great deal of skepticism toward regulation stems from the widespread perception that agencies e…
Planning for Excellence: Insights from an International Review of Regulators’ Strategic Plans Open
What constitutes regulatory excellence? Answering this question is an indispensable first step for any public regulatory agency that is measuring, striving towards, and, ultimately, achieving excellence. One useful way to answer this quest…
Capturing Regulatory Agendas?: An Empirical Study Of Industry Use Of Rulemaking Petitions Open
A great deal of skepticism toward administrative agencies stems from the widespread perception that they excessively or even exclusively cater to business interests. From the political right comes the accusation that business interests use…
Agenda-Setting in the Regulatory State: Theory and Evidence Open
Government officials who run administrative agencies must make countless decisions every day about what issues and work to prioritize. These agenda-setting decisions hold enormous implications for the shape of law and public policy, but th…
The Judicial Role in Constraining Presidential Nonenforcement Discretion: The Virtues of an APA Approach Open
Scholars, lawyers, and, indeed, the public at large increasingly worry about what purposive presidential inaction in enforcing statutory programs means for the rule of law and how such discretionary inaction can fit within a constitutional…