How the Administrative-Remand Rule Affects Environmental Law

For anyone in environmental law or affected by it, Attorney Norm Dupont’s recent write-up on the uses (or misuses) of the Serbonian Bog of rules “that makes challenging a new federal regulation yet more intractable than ordinary” is a must-read.

Dupont’s article serves as a sidebar to Stanford Law School clinical instructor Matthew J. Sander’s article, “The Shadow Rule”. Sander’s article focuses on a little-known rule in appellate practice—the so called “administrative-remand” rule.

Read these crucial notes and more in the September/October 2025 issue of Environmental Forum, published by the Environmental Law Institute.