Tag Archives: Chevron

Are Changes on the Horizon to the Deference Historically Afforded to US Administrative Agencies?

As we have previously discussed on this blog, a cornerstone of US administrative law, Chevron deference, is in flux.  That fluctuation and its eventual resolution will impact US businesses, including in the promulgation of critical environmental regulations.  Chevron deference describes a doctrine articulated by a unanimous US Supreme Court in its 1984 decision, Chevron USA, Inc. … Continue Reading

US Congress Considers Law That Would Overturn Chevron Deference

Earlier this year, Senate and House Republicans introduced the “Separation of Powers Restoration Act of 2016.”  On July 12, 2016, the House passed the bill by a vote of 240-171, largely along party lines. The legislation would fundamentally alter a cornerstone of administrative law: Chevron deference.  Chevron deference describes a doctrine articulated by a unanimous US Supreme Court in its 1984 decision, Chevron USA, … Continue Reading

US Supreme Court Ruling May Hinder Ability to Challenge Agency Authority

In a ruling that will make it even more difficult to challenge agency rulemakings, the US Supreme Court has decided that courts must defer to an agency’s interpretation of a statute it enforces, even when addressing the jurisdictional reach of the agency itself. In City of Arlington v. FCC, 569 U. S. ___ (2013) (slip … Continue Reading
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