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Environmental Law & Property Rights Practice Group

Commentary

A Most Unusual Brief From the Solicitor General:  Threading the Needle on Auer Deference

A Most Unusual Brief From the Solicitor General: Threading the Needle on Auer Deference

Justice Department’s Response Brief in Kisor v. Wilkie Endeavors to Balance Competing Considerations – Criticizing a Major Modern Administrative-Law Doctrine, But Also Seeking to Prevent Its Overruling

Last week, the Solicitor General filed the United States’ eagerly anticipated response brief in Kisor...

Reconsidering the Legal Status of Agency Guidance

Reconsidering the Legal Status of Agency Guidance

In Holiday-Season Amendments to the Justice Department Manual, DOJ Continues the Trend of Downgrading the Status of Subregulatory Agency Guidance Documents

Late last year, the U.S. Department of Justice (DOJ) took a quiet but significant step...