The attorneys at Boyden Gray PLLC have significant expertise in every aspect of the U.S. Constitution. The firm has regularly advised and represented clients in matters involving equal protection, free speech, religious liberty, federalism, and the separation of powers. The firm has also represented clients in challenges to unconstitutional delegations of legislative auhority to the executive branch and equal protection lawsuits against racially discriminatory laws and regulations, including SEC’s approval of Nasdaq board diversity requirements, and California’s board diversity rules.

Litigation:

• Opening Brief in Alliance for Fair Board Recruitment v. SEC, No. 21-60626 (5th Cir. Nov. 22, 2021)
• Petition for Administrative Stay, Job Creators Network v. U.S. Dep’t of Labor, No. 21-3491 (8th Cir.)
• Opening Brief for Petitioners Urban Air Initiative et al., American Fuel & Petrochemical Manufacturers v. EPA, No. 19-1124.
• Petition for Writ of Certiorari, Valent v. Saul, Commissioner of Social Security, No. 19-221 (S. Ct. Aug. 16, 2019)
• Brief of American Action Forum, Cato Institute, and Judicial Education Project, United Student Aid Funds v. Bible, No. 15-861 (S. Ct. Feb. 3, 2016) (on petition for certiorari)
• Brief of American Action Forum as Amicus Curiae in Support of Rehearing En Banc, Bible v. United Student Aid Funds, No. 14-1806 (7th Cir. Sept. 8, 2015)
• Brief of Cato Institute, Competitive Enterprise Institute, and Judicial Education Project, Perez v. Mortage Bankers Ass’n, Nos. 13-1041, 13-1052 (S. Ct. Oct. 16, 2014)
• Brief of Center for the Rule of Law, Dep’t of Transportation v. Ass’n of Am. Railroads, No. 13-1080 (S. Ct. Sept. 29, 2014)
• Brief of Amici Curiae Kansas et al., Utility Air Regulatory Group v. EPA, No. 12-1146+ (S. Ct. Dec. 16, 2013)

Regulatory Comments:

• Boyden Gray PLLC Files Comment on SEC’s Proposed Climate Disclosure Rulemaking
• Boyden Gray PLLC Files Comments on SEC SPAC Proposed Rule
• Boyden Gray PLLC Files Comments on Behalf of Consumers’ Research Opposing FCC’s Universal Service Fund
• Comments Submitted on Behalf of Urban Air Initiative and Consumers’ Research Concerning the Environmental Protection Agency’s Reconsideration of a Previous Withdrawal of a Waiver of Preemption, EPA-HQ-OAR-2021-0257 (July 6, 2021)
• Comments on Behalf of Urban Air Initiative Concerning the National Highway Traffic Safety Administration Corporate Average Fuel Economy (CAFE) Preemption, File No. NHTSA-2021-0030
• Comments Submitted on Behalf of Alliance for Fair Board Recruitment Concerning the Nasdaq Stock Market LLC; Notice of Filing of Proposed Rule Change to Adopt Listing Rules Related to Board Diversity, No. SR-NASDAQ-2020-081 (April 6, 2021)
• Comments of Illinois Corn Growers et al. on EPA’s Vehicle Test Procedure Adjustments for Tier 3 Test Fuel, No. EPA-HQ-OAR-2016-0604
• Comments of Urban Air Initiative et al. on EPA’s Proposed Modifications to Fuel Regulations To Provide Flexibility for E15 (Apr. 29, 2019)
• Comments of Urban Air Initiative on EPA’s ANPRM on Increasing Consistency and Transparency in Considering Costs and Benefits in the Rulemaking Process (Aug. 13, 2018)
• Comments of Urban Air Initiative et al., on the EPA Regulatory Reform Task Force’s Evaluation of Existing Regulations (May 15, 2017)

Congressional Testimony:

• GUSTAFSON: Hearing on Cost-Benefit Analysis and EPA’s Mercury Rule Before the H. Comm. on Energy & Environment, Subcomm. on Oversight & Investigations, 116th Cong. (2019)
• GRAY: A More Efficient and Effective Government: Improving the Regulatory Framework, Hearing Before the Subcomm. on Efficiency and Effectiveness of Federal Programs and the Federal Workforce of the S. Comm. on Homeland Security & Gov’t Affairs (2014)
• GRAY: Response to Questions, The Office of Information and Regulatory Affairs: Federal Regulations and Regulatory Reform, Hearing Before the H. Subcomm. on Regulatory Reform, Commercial and Antitrust Law of the Comm. on the Judiciary (2013)
• GRAY: The Office of Information and Regulatory Affairs: Federal Regulations and Regulatory Reform, Hearing Before the H. Subcomm. on Regulatory Reform, Commercial and Antitrust Law of the Comm. on the Judiciary (2013)
• GRAY: The Regulatory Accountability Act of 2013, Hearing before the Subcomm. on Regulatory Reform & Antitrust Law of the H. Comm. on the Judiciary (2013)
• GRAY: Regulation Nation: The Obama Administration’s Regulatory Expansion v. Jobs and Economic Recovery, Hearing Before the H. Comm. on the Judiciary (2012)
• GRAY: The Regulatory Accountability Act of 2011, Hearing on H.R. 3010 Before the H. Comm. on the Judiciary (2011)

 Legal Scholarship:

• GRAY: The President’s Constitutional Power to Order Cost-Benefit Analysis and Centralized Review of Independent Agency Rulemaking, Mercatus Working Paper (2017)
• GRAY: Upgrading Existing Regulatory Mechanisms for Transatlantic Regulatory Cooperation, Law & Contemporary Problems (2015)
• WHITE: Perez v. Mortgage Bankers: Heralding the Demise of Auer Deference?, Cato Supreme Court Review 333 (2015)
• GRAY: The Clean Air Act Under Regulatory Reform, 11 Tulane Envtl. L.J. 235 (1998)
• GRAY: Obstacles to Regulatory Reform, 1997 Univ. Chi. Legal Forum 1
• GRAY: Judgment, Power, and Rent Seekers, 48 Administrative L. Rev. 334 (1996)
• GRAY: Reflections on the Bush Regulatory Record, Symposium, Cato Review of Business & Government (1993)
• GRAY: Regulation and Federalism, Yale J. on Regulation (1983)

Commentary:

• GRAY: Boardrooms’ Diversity Should Not Be Mandated, The Washington Post, Jan. 30, 2022
• GRAY: New York’s Discriminatory Policies are Immoral and Unlawful, Jan. 19, 2022
• BERRY: OSHA, Title VII, and Limits on Vaccine Mandates
• GRAY: No One Falls for Biden’s Gas-Price Blame Game, Wall Street Journal, November 23, 2021
• GRAY: American Energy, Chinese Ambition, and Climate Realism, American Affairs, November 19, 2021
• GRAY & BERRY: Nasdaq’s Boardroom Diversity Push Isn’t Evidence-Based, April 29, 2021
• GUSTAFSON (moderator): The Future of Seminole Rock Deference? Analyzing the Oral Argument in Kisor v. Wilkie, ABA Administrative Law & Regulatory Practice Teleconference (Apr. 3, 2019)
• GUSTAFSON: Re-Considering Co-Benefits in Environmental Regulation, Federalist Society Teleforum (Mar. 29, 2019)
• VARCOE: Courthouse Steps Oral Argument, Kisor v. Wilkie, Federalist Society Teleforum (Mar. 27, 2019)
• CONDE: Courthouse Steps Preview: PDR Network, LLC v. Carlton & Harris Chiropractic, Federalist Society Teleforum (Mar. 12, 2019)
• VARCOE: A Most Unusual Brief From the Solicitor General: Threading the Needle on Auer Deference, Federalist Society Blog, Mar. 8, 2019
• CONDE: PDR Network or: Why the Hobbs Act Doesn’t Incorporate Chevron Doctrine (Part I), Notice & Comment, Feb. 6, 2019
• VARCOE: Revisiting Agency Guidance, Federalist Society Blog, Jan. 31, 2019
• GUSTAFSON: EPA Reconsiders its Use of Co-Benefits in Cost-Benefit Analysis, Federalist Society Blog, Jan. 16, 2019
• VARCOE: Reconsidering the Legal Status of Agency Guidance, Federalist Society Blog, Jan. 14, 2019
• GUSTAFSON: Trump the Deregulator, Washington Examiner, Oct. 23, 2017
• GUSTAFSON: What the Trump Administration (and Congress and the Supreme Court) Can Do To Restore the Rule of Law, Insider, Fall 2017
• LYONS: Safari International Club v. Jewell: D.C. Circuit Hunts Down Agency’s Procedural Evasions of Judicial Review, The Federalist Society Blog, Dec. 14, 2016
• GRAY: EPA’s Use of Co-Benefits, Engage (2015)
• GRAY & NORRIS: Leadership from States Could Curb Federal Regulatory Abuse, The Hill, Oct. 2, 2015
• GRAY: A Cost-Benefit Analysis from EPA Lacking in Common Sense, Washington Times, July 29, 2014
• WHITE: Betraying the Constitution, Wall St. J., June 29, 2014 (reviewing Philip Hamburger, Is Administrative Law Unlawful? (2014))
• WHITE: Reining In the Agencies, National Affairs (2012)
• GRAY: Regulatory Reform: Past and Future, Natural Resources & Environment (Winter 1998)
• WHITE: Congress and the New Administrative State: Remarks Prepared for the Heritage Foundation’s “Red Tape Rising” Discussion (Apr. 2, 2014)