Tag Archives: Deference

Ongoing Developments in US Agency Authority: From Loper Bright to Seven County

Administrative agencies are in an era of reform.  Since the US Supreme Court overturned Chevron deference, the scope of agency authority under the law has been uncertain. Simultaneously, the Trump administration has been pushing for increased efficiency within administrative agencies, issuing directives for streamlined decision making to promote the expansion of American industry. Perhaps surprising … Continue Reading

Chevron Has Fallen: Supreme Court Seismically Shifts Regulatory Power From Agencies to Courts

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

The End of “Chevron” or Its Rebirth?

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

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
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