Blog
EU downsizes and delays its climate disclosure policy
The European Union (EU) is undergoing a major reality check regarding its climate disclosure policy for corporations. Its executive arm, the European Commission, has significantly…
Blog
The CFPB director’s dominance over adjudication must end
On behalf of CEI, I submitted a new comment to the Consumer Financial Protection Bureau (CFPB) calling on the Bureau to rescind one…
Blog
How IAIS advances DEI policies
As explained in an earlier blog post, the National Association of Insurance Commissioners (NAIC) has drifted away from its mission and is actively working…
Blog
SEC commissioners regain subpoena power, potentially curtailing record-level fines
After 16 years, commissioners at the Securities and Exchange Commission (SEC) finally adopted a rule to regain the authority to launch investigations from the…
Blog
CEI primer on agency adjudication
Agency adjudication is the process by which administrative agencies resolve legal disputes that implicate regulatory policies. Agencies render decisions through in-house tribunals commonly known as…
Blog
The shadow nonprofit’s push for ESG
Nonprofit interest groups play a significant role in advancing policy change in government. The IRS affords tax exemption to thousands of these groups via their…
Blog
SEC restores corporate control over ESG proposals
The Securities and Exchange Commission (SEC) has wasted no time in reforming controversial regulations under the Trump administration. Beyond targeting formal rules, GOP commissioners have…
Blog
Legislation would restore the full power of the Seventh Amendment
Rep. Harriet Hageman (R-WY) has introduced a bill offering the first legislative step toward administrative law court (ALC) reform. Known as the Seventh…
Blog
SEC abandons legal arguments in favor of climate disclosure rule
The Securities and Exchange Commission (SEC) announced this month that it will no longer defend the indefensible, abandoning in court its arguments favoring mandatory…
Blog
Trio of agencies scrap their climate disclosure mandate, SEC should take note
Prior to Inauguration Day 2025, the Department of Defense (DoD), General Service Administration (GSA), and National Aeronautics Space Administration (NASA) collectively withdrew a…
Blog
Regulators need to cool off and slow down their rulemakings
Rep. Harriet Hageman (R-WY) has reintroduced an important bill that would make the administrative rulemaking process fairer for the public. Known as the “Regulatory…
Blog
DOGE should investigate Biden’s natural capital accounts
With an incoming Congress and president at the helm, Republicans are taking aim at problematic Biden-era regulations. In concert with the Department of Government Efficiency…
Blog
US businesses brace for a triple climate disclosure burden
Thousands of US companies—both public and private—are bracing for an expensive wave of climate disclosure mandates. If regulators in the US and abroad have their…
Blog
Circuit Courts split over the SEC’s regulatory treatment of proxy advisors
The Fifth and Sixth Circuits are currently split over the legality of the Securities and Exchange Commission’s (SEC) Proxy Advisory Rule. Depending on what…
Blog
The ‘Carbon’ Futures Trading Commission vows to decarbonize futures trading
The Commodity Futures Trading Commission (CFTC) recently approved one of its most controversial guidance document to date. Under this new policy, the CFTC will…
Blog
In honor of Free Speech Week, end all regulatory gag orders
Free Speech Week is an annual, nonpartisan celebration of the indispensable right to speak one’s mind. While every level of government is expected…
Blog
House advances anti-ESG legislation on investments, pensions
The US House of Representatives recently passed a major ESG reform package that is on its way to the Senate. In a vote of…
Blog
Political review of agency adjudication and recommendations for reform
Abstract Formal agency adjudication reserves the final decision-making authority to the political leadership of the agency. Many organizations and watchdogs have taken issue with how…
Blog
ESG policy trembles in our post-Chevron world
The US Supreme Court recently rendered one of the most historic decisions in administrative law in the consolidated cases of Loper Bright v. Raimondo…
Blog
The politics of proxy voting and the importance of shareholder representation
As the 2024 election quickly approaches, many Americans consider how their vote will affect political races. While our focus tends to be on the voting…
Blog
Supreme Court’s Jarkesy decision sheds light on the SEC’s hidden advantages
The Supreme Court’s momentous decision in SEC v Jarkesy provides us with a rare glimpse into the murky realm of administrative adjudication. Despite there being more…
Blog
Spam alert! A devastating outlook on the SEC’s final climate disclosure rule
I have a paper out today, exploring the Securities and Exchange Commission’s (SEC) landmark finalized climate disclosure rule and the many challenges it…
Blog
SEC’s Orwellian surveillance system faces its greatest challenge yet
The Eleventh Circuit Court will soon decide whether the Securities and Exchange Commission (SEC) acted arbitrarily and capriciously by proposing the first market-wide surveillance…
Blog
Has ESG gone guerrilla warfare?
There has been much discussion recently over declining institutional support for environmental, social, and governance (ESG) investing theory. Many indications suggest that US shareholders…
Blog
House GOP prepares CRA resolutions against Biden climate-risk rules, including SEC climate disclosure rule
Members of the House Financial Services Committee have passed four Congressional Review Act (CRA) resolutions targeting four Biden-era climate-risk rulemakings. Among these is a…
Blog
FTC tightens grip over its in-house judges
The Federal Trade Commission (FTC) possesses one of the most conflicted administrative law court (ALC) systems. The agency recently began hiring new administrative…
Blog
The Fifth Circuit blocks the SEC’s climate disclosure rule in the first legal challenge to the rule
The Securities and Exchange Commission (SEC) recently voted to approve its highly-awaited climate disclosure rule. However, fewer than 10 days after its finalization, the…
Blog
CEI briefs the public on the need for administrative law court reform
The Competitive Enterprise Institute recently hosted our first Capitol Hill event of the year, urging Congress to propose administrative law court (ALC) reform. Our…
Blog
The Stop Woke Investing Act and ‘ESG fatigue’
The Securities and Exchange Commission (SEC) has made it far too easy for activist shareholders to overturn the traditional proxy review process. The SEC’s…
Blog
The full Scope of problems with the SEC’s climate disclosure rule
I have a paper out today, examining the Securities and Exchange Commission’s (SEC) proposed rule on mandatory climate disclosures. The SEC’s rule seeks…