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Showing 10 results

Nina Mendelson

Joseph L. Sax Collegiate Professor of Law

Nina Mendelson | December 20, 2021

Democracy, Rulemaking, and Outpourings of Comments

Scholars and policymakers should recognize the democratic benefits of public comments.

Nina Mendelson | November 28, 2017

More Thoughts on the CFPB Puzzle: President Trump Can Select Someone to Run the CFPB Only if the Senate Has an Opportunity to Confirm

Originally posted at Notice & Comment, a blog of the Yale Journal on Regulation and the American Bar Association Section of Administrative Law & Regulatory Practice. Reprinted with permission. On Friday, November 24, Consumer Financial Protection Bureau Director Richard Cordray named Leandra English, the longtime CFPB Chief of Staff, to the post of Deputy Director. Based […]

Nina Mendelson | October 3, 2013

Regulatory Review Needs to Comply with Transparency Requirements

On this 20th anniversary of the regulatory review regime of Executive Order 12,866, the appropriate thing to do would be to take stock. Has centralized regulatory review, on balance, improved the quality of federal regulation or interfered with it?   Is this now-extensive regulatory review process worth it, given its costs? Sadly, the opaque quality of the process […]

Nina Mendelson | March 21, 2012

SCOTUS Decision in Sackett v. EPA Weakens Government’s Ability to Respond to Urgent Threats to Water Quality

In the Sackett v. EPA decision today, the Supreme Court rejected a broad argument that the Sacketts’ constitutional due process rights had been violated when they could not go to court immediately to challenge an EPA order requiring them to remove fill and replant vegetation on their property. But the Court did hold that under the […]

Nina Mendelson | January 4, 2012

In Sackett v. EPA, Troubling Potential for SCOTUS to Undermine Government’s Ability to Promptly Respond to Environmental Threats

On January 9th, the Supreme Court will hear Sackett v. EPA, which concerns whether an individual has a right to a judicial hearing before, rather than after, an agency finalizes a so-called administrative compliance order.  The case has important potential to undermine the environmental protection, including the government’s ability to promptly respond to environmental threats […]

Nina Mendelson | October 7, 2009

Holding Government and Emitters Accountable Under Boxer-Kerry

This post is the fifth in a series from CPR Member Scholars examining different aspects of the Boxer-Kerry bill on climate change, which was released September 30. To expand a bit on some of what Bill Buzbee discussed in his excellent analysis of the Boxer-Kerry bill on CPRBlog, it is critical to ensure that the […]

Nina Mendelson | April 16, 2009

An Attack on Waxman-Markey That’s a False Alarm

On Friday, the Washington Times went A1 above-the-fold with “Climate bill could trigger lawsuit landslide.” Environmentalists say the measure was narrowly crafted to give citizens the unusual standing to sue the U.S. government as a way to force action on curbing emissions. But the U.S. Chamber of Commerce sees a new cottage industry for lawyers. […]

Nina Mendelson | April 2, 2009

Waxman-Markey: Citizen Enforcement Suits

On Tuesday, March 31, House Energy and Commerce Committee Chairman Henry Waxman (D-CA) and Rep. Edward Markey (D-MA) released a “discussion draft” of the American Clean Energy and Security Act of 2009 – a climate change bill that will serve as the starting point for long-delayed congressional action on the world’s most pressing environmental program. […]

Nina Mendelson | March 4, 2009

Wyeth Ruling a Victory for Consumers

This morning the Supreme handed down its ruling in Wyeth v. Levine. In its majority opinion, the Court rejected the argument of pharmaceutical giant Wyeth that the FDA’s approval of its label for Phenergan effectively “preempted” a tort suit brought against it by a patient claiming that the manufacturer failed to provide adequate warning about […]