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Administrative law has been a greenfield for scholars for quite some time because it stands at the confluence of American constitutional law and political theory regarding the proper structure of American government.[1] Most administrative law is made not by Congress, but by the federal courts, particularly the Supreme Court of the United States.
The Controversy Over Hydraulic Fracturing Over the past two decades, vast deposits of oil and gas have been unlocked in the United States by a late-20th-century extraction-process innovation known as hydraulic fracturing (also known as hydrofracking or fracking). That process has enabled industry to recover oil and natural gas resources from shale buried deep underground, generating tremendous economic benefits in the process.
Unanimous Supreme Court rulings are always less likely to generate headlines. So, in a term like this, which is set to put all prior “blockbuster” terms to shame, last Wednesday’s 9-0 ruling in American Hospital Association v. Becerra isn’t likely to garner much press. But this is a case that split the D.C. Circuit, considered by many to be the second highest court in the land. And when that court is reversed by the whole Supreme Court, a little digging is in order to discern what’s behind that resounding reversal.
With the issuance of its mandate on January 28, 2022, in Catalyst Pharmaceuticals, Inc. v. Becerra, the U.S. Court of Appeals for the Eleventh Circuit has upheld the orphan exclusivity...