Beau Baumann

May 20, 2024 | brooklynworks.brooklaw.edu | Todd Phillips |Beau Baumann

Home > Law Journals > Brooklyn Law Review > Vol. 89 > Iss. 3 () Todd Phillips & Beau J.

Mar 30, 2024 | yalejreg.com | Todd Phillips |Beau Baumann

Earlier this week, Max Sarinsky published an excellent piece about how agencies could get ahead of major questions doctrine (MQD) challenges to new rules. That blog post, which drew heavily from Sarinsky’s new law review article with Richard Revesz, argues that agencies should follow the lead of the Environmental Protection Agency and articulate specific regulatory antecedents to counter allegations that their rules violate the MQD.

Sep 14, 2023 | lexblog.com | Todd Phillips |Beau Baumann

In West Virginia v. EPA, the Supreme Court expanded the reach of the major questions doctrine (MQD) by reframing it as a substantive canon and clear-statement rule rooted in both the Constitution’s separation of powers and “a practical understanding of legislative intent.” The literature has missed two unanswered questions that will determine the extent of the doctrine’s domain.