Washington Monthly: Protecting Biden Administration Regulations from Regime Change and Skeptical Courts
As agencies race to put new regulations into final form, careful drafting can help insulate progressive rules against a skeptical judiciary.
Notice & Comment: Yet Another Way To Rebut Major Questions Doctrine Challenges
In particular, we focus on how overlapping federal, state and international regulatory regimes may reduce the incremental costs of rulemakings, and therefore weigh against a finding of “economic significance” in the MQD context—as, for example, in the case of the
OnLabor: Ending Special Treatment for Union Busters
Fortunately, with one relatively simple step, the Department of Labor (DOL) could immediately improve transparency into the often-obscured persuader industry by rescinding an overlooked and outdated special enforcement policy.
The Hill: How the Clean Air Act paves the road to expanding electric vehicle chargers
The transition to electric vehicles is a critical part of the global fight against climate change. But while national sales have surged in the last several years, limited charging infrastructure remains a massive barrier to the transition to electric vehicles.
Law360: Biden Admin Must Take Action on Worker Surveillance
Companies across the economy are increasingly using electronic
surveillance to track and monitor their workforce — with serious impacts on worker power and health.
OnLabor: Amazon, Surveillance, and the NLRB’s Joint Employer Rule
The Teamsters union made big news with their announcement last month that a group of Amazon delivery drivers (working for a third party delivery contractor named Battle Tested Strategies or “BTS”) had – for the first time – unionized and