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Arvind Salem | June 23, 2026

AI as ‘Arbitrary’ Intelligence

Artificial intelligence (AI) is now used widely in the federal government. According to the U.S. Government Accountability Office, use cases of AI in the federal government doubled — and for generative AI, increased nine-fold — from 2023 to 2024. With this growing use of AI, the risk of systematic errors with potentially harmful consequences may increase.

James Goodwin | June 10, 2026

The Dawn of the Loper Bright Era

For the pro-democracy crowd, the arrival of June each year brings a palpable sense of dread. We are keenly aware that it marks the end of the U.S. Supreme Court’s annual term, when the most controversial decisions are handed down. And each year, we are left to anticipate how exactly our oligarchs in black robes […]

Arvind Salem, James Goodwin | June 8, 2026

FAR from the APA: How Federal Procurement Law Is Undermining Reasoned Agency Decision-Making

The growing use of AI for such complex governance functions as regulatory decision-making is attracting attention. The practice risks putting two existing bodies of public law—those governing the rulemaking process and procurement, respectively—on a collision course: in particular, rulemaking’s emphasis on transparency and procurement’s emphasis on quick commercial transactions that often do not include robust transparency audits. The impetus for this potential clash is that the architecture of many of the AI systems that the federal government employs are developed by private contractors.

Daniel Farber | June 1, 2026

The Next Step in Trump’s War on Science

A proposed new rule would replace merit-based funding of science with a heavily politicized process. It would also deprive scientists of the ability to rely on finding for long-term projects. This proposal has no real legal basis. It is likely to undermine American science, giving a boost to China's efforts to take over global scientific leadership.

Alejandro Camacho, Robert L. Glicksman | May 21, 2026

The U.S. Constitution and Laws Do Not Protect Oil Companies from Being Sued over the Harm They Cause to the Climate

This excerpt is from a commentary originally published in The Conversation. In recent years, at least two dozen local and state governments have sued petroleum companies to recover the billions in costs they have incurred responding to and rebuilding after flooding, storms and wildfires – all of which have been worsened by changes to the […]

Daniel Farber | May 15, 2026

Trump versus Cost-Benefit Analysis

EPA has said it would no longer try to quantify the harms done by the two most serious, widespread air pollutants. Given that these are the most fully understood of all environmental impacts, it’s not clear what future regulations, if any, might still be subject to cost-benefit analysis. This didn’t come out of the blue. Rather, it is the culmination of a series of steps that began when President Donald Trump first took office in 2017.

Federico Holm | May 12, 2026

Misusing the Congressional Review Act as a Tool for Land Management Policy

It is tempting to think that the threat of the current Congress abusing the Congressional Review Act (CRA) is over, now that the deadline to revisit rules implemented during the previous Congress’s session—provided by the CRA’s unique “lookback provision”—has formally passed. But that would be a mistake, as conservative lawmakers have found novel ways to target agency actions from previous administrations.

Steph Tai | May 7, 2026

As Government Privatization Efforts Grow, Lawsuits Against Federal Contractors Get More Difficult

The question of which court should hear a case isn’t always as easy as it might seem — and the answer can sometimes make a difference in the potential outcome. For instance, in 2013, the government of Plaquemines Parish, Louisiana, decided to sue several oil companies for violating a 1978 state law that required a state permit for oil production along the Louisiana coast.

Federico Holm | April 30, 2026

You Can’t Manage Forests Without Understanding Them

The U.S. Forest Service (USFS) is undergoing one of the most consequential and likely disruptive transformations in its 121-year history. The agency plans to relocate its headquarters from Washington, D.C., to Salt Lake City and overhaul its structure and management. According to a Forest Service press release from March 31, the overhaul aims to bring leadership “closer to the forests and communities they serve,” replacing the agency’s long-standing regional model with a state-based structure. At first glance, the rationale seems intuitive. Forest management should be informed by local conditions, local relationships, and decisions made closer to the ground. But that premise raises a more fundamental question: what happens when the scientific infrastructure that informs those decisions is dismantled at the same time?