Matthew J. Sanders Advocates for Reforming Administrative Law’s Impact on Environmental Policy in Insightful Interview

Stanford, California — Matthew J. Sanders, an authority in the realm of environmental law, underscores the significance of procedural guidelines within the shifting dynamics of administrative law. In an interview, Sanders discussed his professional journey and the evolution of the regulatory landscape, advocating for reforms to enhance clarity, fairness, and consistency.

Sanders points to climate change as a pressing issue that has transformed environmental priorities over the last few decades. He urges the federal government to modernize its regulatory frameworks in response to these growing environmental concerns. In his view, regulatory bodies must have the flexibility to adapt to these shifting challenges.

A highlight of the conversation is Sanders’ discussion of the administrative-remand rule, a lesser-known yet pivotal doctrine in administrative law. He describes the rule as an “appellate gatekeeper,” which limits the ability of non-agency parties to appeal decisions made by district courts that are then sent back to federal agencies. This rule plays a crucial role in shaping administrative law, and Sanders believes it warrants greater attention.

Sanders is a co-director of the Environmental Law Clinic at Stanford Law School, where he guides students in assisting non-profit organizations and Native American tribes on various environmental issues, including conservation and pollution regulation. His clinical work has involved drafting significant legal briefs for cases that reached the U.S. Court of Appeals for the District of Columbia Circuit and the U.S. Supreme Court. In his upcoming article, “Rethinking The Administrative-Remand Rule,” Sanders critiques the administrative-remand rule and suggests modifications.

A Stanford Law School alumnus, Sanders has accumulated nearly 25 years of experience in environmental law, beginning his career as an appellate attorney with the U.S. Department of Justice. Prior to academia, he served as deputy county counsel for San Mateo County in California, and had a clerkship with Judge Consuelo M. Callahan at the U.S. Court of Appeals for the Ninth Circuit.

Through his experience at the U.S. Environmental Protection Agency (EPA), where he worked as a program analyst, Sanders developed a strong belief in the government’s ability to enact positive change. That formative experience solidified his commitment to pursuing a career focused on public interest and led him to law, where he could combine legal expertise with environmental policy.

The shifting legal landscape warrants fresh educational approaches, according to Sanders. He stresses the importance of adapting teaching methods in light of emerging laws, regulatory developments, and evolving procedural norms. This adaptability is crucial for preparing law students to navigate the complexities of the current legal environment.

The growing influence of the Supreme Court’s major questions doctrine has raised concerns within the field. This principle limits federal agencies from asserting broad regulatory powers without explicit congressional direction, complicating efforts to address environmental issues. Additionally, changes to longstanding precedents, such as the overturning of Chevron deference, further challenge environmental regulatory efforts.

Sanders identifies the administrative-remand rule as an essential component that governs the interactions between agencies and the courts. It restricts non-agency parties from appealing remand orders, creating a structure that can sometimes lead to inefficiencies and disparities in judicial outcomes. He emphasizes that the rule, while promoting efficiency and predictability, can also yield unfair results under certain circumstances.

Proposed reforms to the administrative-remand rule seek to standardize practices across federal circuits and grant limited appeal rights to non-agency parties. Sanders notes that meaningful changes would likely require action from Congress or the Supreme Court, though the scope to amend existing regulations remains uncertain.

As the landscape of environmental law continues to evolve, Sanders’ insights highlight the critical intersection of procedure and environmental governance, encouraging a proactive approach to regulatory reform.

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