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The Delegation Doctrine, Jonathan Adler Jan 2024

The Delegation Doctrine, Jonathan Adler

Faculty Publications

The nondelegation doctrine may remain moribund, but the outlines of a delegation doctrine may be visible in the Court’s recent jurisprudence. Instead of policing the limits on Congress’s power to delegate authority to administrative agencies, the Court has instead been focusing on whether the power administrative agencies seek to exercise has been properly delegated by Congress in the first place. This emerging delegation doctrine may be seen in both the Court’s recent major questions doctrine cases, as well as the Court’s decisions refining and constraining the Chevron doctrine. In both contexts the Court has embraced the principle that agencies may …


Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1016: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1018: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1017: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1019: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1015: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2023

Appeal No. 1020: King Oil Company, Inc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-231 to 2022-236 (Plug Orders)


Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1022: Peter J. & Beth B. Dewitt V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-285; Oliver CR Mon North Unit (EAP Ohio, LLC)


Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1014: Miley Gas Company V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-156 (Plug Order, Bond/Weirton Steel 12 Well)


Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1004: Eric Petroleum Corporation, Et Al. V. Division Of Oil & Gas Resources Management And Eap Ohio, Llc, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-173 Dawson South Unit (EAP Ohio LLC)


Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2023

Appeal No. 1013: Victor Mckenzie Drilling, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-72


Standing Without Injury, Jonathan Adler Jan 2023

Standing Without Injury, Jonathan Adler

Faculty Publications

It is well-established that injury in fact is an essential element of Article III standing, but should it be? Academics have long criticized the Supreme Court’s standing jurisprudence. These criticisms are now being echoed by federal judges. Judge Kevin Newsom, for one, has suggested existing standing jurisprudence has become ungrounded from constitutional text, incoherent, and administrable. He suggests abandoning injury in fact altogether, and recognizing broad congressional power to authorize causes of action to sue in federal court, subject only to those limits imposed by the executive branch’s obligation to “Take Care” that the laws are faithfully executed. In short, …


Appeal No. 1006 (2nd): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Dec 2022

Appeal No. 1006 (2nd): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Chief's Order 2021-192 (Elkrun Wertz NE Unit; Hilcorp Energy Co.)


Appeal No. 1011: John M. Brown & Debra S. Brown V. Division Of Oil & Gas Resources Management And Ascent Resources ---Utica, Llc., Ohio Oil & Gas Commission Dec 2022

Appeal No. 1011: John M. Brown & Debra S. Brown V. Division Of Oil & Gas Resources Management And Ascent Resources ---Utica, Llc., Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-92; Lori NE SMF JF Unit (Ascent Resources -- Utica, LLC)


Appeal No. 0997: Awms Water Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 0997: Awms Water Solutions, Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-97 (AWMS #2 well)


Appeal No. 1002: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 1002: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-179 & 2021-180 (Saltwater Injection Wells GMR #1 & GMR #2)


Appeal No. 1001: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 1001: Omni Energy Group Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-179 & 2021-180 (Saltwater Injection Wells GMR #1 & GMR #2)


Appeal No. 1005: Atlas Noble, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2022

Appeal No. 1005: Atlas Noble, Llc. V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-182 (Thap William Unit 1 Well)


Appeal No. 1009: William Woolf V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2022

Appeal No. 1009: William Woolf V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2022-69; Mountz West CL HAN Unit (EAP Ohio, LLC)


Appeal No. 1006 (1st): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2022

Appeal No. 1006 (1st): Kevin J. Simballa V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-192 (Elkrum Wentz NE Unit; Hilcorp Energy Co.)


Appeal No. 0996: Velma J. Neuhart, Et Al. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission Jan 2022

Appeal No. 0996: Velma J. Neuhart, Et Al. V. Division Of Mineral Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2021-50 (Gulfport Appalachia, LLC; Brown #9 Unit)


Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman Jan 2022

Professional Speech At Scale, Cassandra Burke Robertson, Sharona Hoffman

Faculty Publications

Regulatory actions affecting professional speech are facing new challenges from all sides. On one side, the Supreme Court has grown increasingly protective of professionals’ free speech rights, and it has subjected regulations affecting that speech to heightened levels of scrutiny that call into question traditional regulatory practices in both law and medicine. On the other side, technological developments, including the growth of massive digital platforms and the introduction of artificial intelligence programs, have created brand new problems of regulatory scale. Professional speech is now able to reach a wide audience faster than ever before, creating risks that misinformation will cause …


Appeal No. 0990: Ll&B Headwater Ii. L.P. V.Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Jun 2021

Appeal No. 0990: Ll&B Headwater Ii. L.P. V.Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2020-275; Randall A. Unit (Eclipse Resources I, LP)


Appeal No. 0981:Viking Resources Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Apr 2021

Appeal No. 0981:Viking Resources Llc V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2019-387


Appeal No. 0984: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2021

Appeal No. 0984: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)


Appeal No. 0985: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2021

Appeal No. 0985: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)


Appeal No. 0986: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Feb 2021

Appeal No. 0986: L.D. Jenkins V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Orders 2020-11, 2020-109 & 2020-114; Wiley A Unit; Wiley B Unit, Wiley C. Unit (Eclipse Resources I, LP)


Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Oct 2020

Appeal No. 0989: Concerned Ohio River Residents V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Issuance of Permits; Salt-1 Well, Salt-2 Well, Salt-3 Well (Powhatan Salt Company, LLC)


Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0967: Florence C. Garver Living Trust V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2018-303


Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission Aug 2020

Appeal No. 0978: Robert W. Fulton & Valorie S. Fulton V. Division Of Oil & Gas Resources Management, Ohio Oil & Gas Commission

Ohio Oil & Gas Commission Decisions

Review of Chief's Order 2019-115 (EAP Ohio, LLC; K Wallace West Unit)