HeyJaredJ. Michael Showalter
- Indexed articles, last 90 days
- 3
- Latest publication
- Sep 21, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 17, 2026
Latest articles
Who Gets to Undo the Administrative State? (opens the original)
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For decades, California’s vehicle-emissions waivers operated under a familiar understanding. The US Environmental Protection Agency (EPA) granted them, automakers planned around them, and states other than California adopted standards depending on them. Then EPA took the position that certain waivers should have been submitted to US Congress under the Congressional Review Act, potentially exposing long-settled decisions to congressional disapproval. California sued and obtained preliminary relie
Authority Is the New Battleground: Lessons From the White House Ballroom Dispute for Infrastructure Projects (opens the original)
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Infrastructure disputes increasingly turn on a threshold question that many project sponsors assume has already been resolved: Does the governmental actor supporting, permitting, funding, or constructing the project actually possess legal authority to do so? For decades, developers focused primarily on environmental review, permitting requirements, and financing. Those issues remain critical. Increasingly, however, some of the most consequential project disputes arise even earlier, before courts
Supreme Court Emphasizes That Threshold Questions Can Reshape Regulatory Litigation (opens the original)
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Businesses often focus on whether a regulation is lawful under the Administrative Procedure Act (APA), an inquiry that traditionally turns on whether an agency action is arbitrary and capricious. Recent US Supreme Court decisions suggest a different question may come first: whether courts ever reach that analysis at all. Threshold questions involving reviewability, delegated authority, remedies, and agency structure must be resolved before reaching traditional APA review. Put differently, a regu
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