The Supreme Court will consider whether federal law preempts state climate lawsuits and how Congress can limit judicial review of agency actions. www.theregreview.org/2026/10/08/m...
The Regulatory Review
@theregreview.bsky.social
Your daily source for regulatory news, analysis & commentary. From the Penn Program on Regulation at the University of Pennsylvania. RTs & links ≠ endorsements.
Federal AI regulation is overdue, but Congress should preserve state authority to go beyond national minimum standards, argues Sarmad Ali of myWakeel. www.theregreview.org/2026/10/07/a...
Federal AI legislation should avoid blanket preemption and fund any enforcement duties it places on states and localities, argues Noah Knapp. www.theregreview.org/2026/10/07/k...
Environmental justice programs can remain constitutional even after the Supreme Court’s affirmative action ruling, argues Gabriel L. Levine of @policyintegrity.bsky.social at @nyulaw.bsky.social.
The RISE rule’s graduate loan caps may restrict access to advanced education without reducing tuition, argues Lisa M. Neary of @rwulaw.bsky.social. www.theregreview.org/2026/10/08/n...
The Supreme Court’s October sitting will address major regulatory questions involving climate change, veterans’ benefits, and environmental review. www.theregreview.org/2026/10/08/m... c
The United States and European Union are taking sharply different approaches to AI regulation, and the U.S. should avoid freezing state-level innovation, argues Sarmad Ali of myWakeel. www.theregreview.org/2026/10/07/a...
States can stop AI data center developers from skirting energy regulations by requiring health screening, clean energy compatibility, and anti-splitting rules, argues Arif Gasilov. www.theregreview.org/2026/10/06/g...
Courts should not read recent separation-of-powers decisions to strip ALJs of removal protections and undermine the APA’s formal adjudication framework, argues Paul R. Verkuil of the Administrative Conference of the United States. www.theregreview.org/2026/10/05/v...
Undisclosed export-control directives may address urgent security risks, but AI developers need public rules they can anticipate and follow, argues Burak Oktenli. www.theregreview.org/2026/10/06/o...
States should regulate private enforcement regimes that let towing companies, HOA managers, and similar actors profit from alleged rule violations, argue Zach Neumann, Marissa Molina, and Lois Lupica of the Community Economic Defense Project. www.theregreview.org/2026/10/05/n...
Blanket federal preemption could freeze AI policy too early, cutting off state experiments before lawmakers understand AI’s harms, argues Noah Knapp. www.theregreview.org/2026/10/07/k...
In a recent essay, Gabriel L. Levine of @policyintegrity.bsky.social at @nyulaw.bsky.social argues that the Constitution does not categorically prohibit environmental justice initiatives.
In a recent essay, Lisa M. Neary of @rwulaw.bsky.social argues that the RISE rule fails to curb tuition while disadvantaging low-income students. www.theregreview.org/2026/10/08/n...
In a recent essay, Sarmad Ali of myWakeel argues that federal AI legislation should set a floor for regulation, not preempt state experimentation. www.theregreview.org/2026/10/07/a...
In a recent essay, Noah Knapp argues that Congress should set a federal floor for AI enforcement while allowing states to go further. www.theregreview.org/2026/10/07/k...
Data center developers are building behind-the-meter gas plants that can avoid key clean energy rules, but states can close that gap, argues Arif Gasilov. www.theregreview.org/2026/10/06/g...
Preserving ALJ independence is essential to agency adjudication and due process, argues Paul R. Verkuil of the Administrative Conference of the United States. www.theregreview.org/2026/10/05/v...
If remote access to frontier AI models can count as an export, agencies should define that standard through notice-and-comment rulemaking, argues Burak Oktenli. www.theregreview.org/2026/10/06/o...
Private enforcers should not be allowed to write rules, collect fees, and profit from seizing property over alleged violations, argue Zach Neumann, Marissa Molina, and Lois Lupica of the Community Economic Defense Project. www.theregreview.org/2026/10/05/n...
In a recent essay, Burak Oktenli argues that applying export controls to AI model access requires public rulemaking, not undisclosed directives. www.theregreview.org/2026/10/06/o...
In a recent essay, Paul R. Verkuil of the Administrative Conference of the United States argues that it is too soon to give up on good-cause removal protections for ALJs. www.theregreview.org/2026/10/05/v...
In a recent essay, Zach Neumann, Marissa Molina, and Lois Lupica of the Community Economic Defense Project argue that states should limit private enforcers’ power to seize homes and cars. www.theregreview.org/2026/10/05/n...
In a recent essay, Arif Gasilov argues that states should require health impact screening before permitting gas plants built to power AI data centers. www.theregreview.org/2026/10/06/g...
Michael Barzelay of @lsepublicpolicy.bsky.social argues that Eugene Bardach’s work offers a framework for understanding how public policy endeavors can work. www.theregreview.org/2026/10/01/b...
Bardach’s work showed why good policy analysis must grapple with implementation, feasibility, and the hard tradeoffs of public decision-making, writes John Mendeloff. www.theregreview.org/2026/09/30/m...
Eugene Bardach sought to understand how policy endeavors could fulfill their purposes, writes Michael Barzelay of @lsepublicpolicy.bsky.social. www.theregreview.org/2026/10/01/b...
Eugene Bardach helped policy analysts navigate the complexities of designing policies that are effective, efficient, and just, writes John Mendeloff. www.theregreview.org/2026/09/30/m...
Bardach’s work showed generations of policymakers how analysis and political skill can help turn good ideas into workable public programs, writes @ericpatashnik.bsky.social of @brown.edu. www.theregreview.org/2026/09/29/p...
Bardach’s work on regulatory enforcement showed why the rule of law requires more than rigid rule application, writes Robert A. Kagan of @ucberkeleylaw.bsky.social. www.theregreview.org/2026/09/28/k...
