Tag Archives: Agency deference

US Supreme Court Declines to Reconsider Key Agency Deference Standard

On March 19, 2018, the US Supreme Court denied a petition for writ of certiorari in Garco Construction, Inc. v. Speer.  In doing so, the Court declined an opportunity to revisit an important and controversial administrative deference standard, known as Auer or Seminole Rock deference, which requires courts to give “controlling weight” to an agency’s interpretation … 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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