On June 28, 2024, in a 6-3 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court overturned the Chevron doctrine, a decades-old precedent that largely pressed federal courts to defer to federal agency interpretations of ambiguous statutes under their jurisdiction. The opportunities, the challenges, and the uncertainty will grow for a long time before the dust settles … Continue Reading
Fishermen in the small town of Cape May, New Jersey, are at the epicenter of a legal challenge that could reshape the landscape of agency authority. The fishermen are challenging the entrenched “Chevron” doctrine, which for years has afforded deference to government agencies with respect to reasonable interpretation of ambiguous statutes. Once again, the US … Continue Reading
In our prior coverage of Kisor v. Wilkie, we predicted that the Court would impose “greater scrutiny” on “administrative agencies’ . . . interpretation of their regulations.” And the Court did. The Court’s decision will affect every aspect of the federal government’s regulation of environmental, safety, and health. At the end of its term, the … Continue Reading
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
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
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
