On June 28, 2024, the U.S. Supreme Court overturnedChevron, USA Inc. v. Natural Resources Defense Council, a case that, for nearly four decades, mandated that courts defer to federal agencies’ interpretations of the statutes they oversee. The Court’sLoper Bright Enterprises v. Raimondodec...
Nobody can say for sure what the Supreme Court will do in the Loper case. But we can say this: There is nothing in the Constitution or in its history that justifies shifting the power to fill gaps in a statute from a government agency in the executive branch to the judiciary, provided ...
Jun 28, 2024 06:18 SCOTUS appears ready to limit agency powers The Supreme Court is putting the power of federal agencies on the chopping block. The latest case before the justices could forever change the way the government operates. Craig Green, law professor at Temple University, joins CBS...
the law would likely revert to the rule set forth in the 1944 U.S. Supreme Court case ofSkidmore v. Swift & Co., which credits an agency's interpretation of a statute only as the interpretation has power to persuade. This approach effectively allows a court...
The Supreme Court has agreed to hear a case that could reverse -- or at least narrow -- the longstanding Chevron doctrine, which grants EPA and other federal agencies discretion to reasonably interpret ambiguous statutory language.
The case is scheduled to be argued in the fall, with a decision to follow sometime in 2024. Justice Ketanji Brown Jackson recused herself from the case, most likely because of her participation in oral arguments in the case at the Circuit Court level. Please contact one of the Ryan exper...
the Supreme Court has now overruledChevron,in what is likely to be recognized as one of the most important cases of the 21st century. The case isLoper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., 603 U.S. ___ (2024) (argued withRelentless, Inc. et al. v...
Supreme Court Will Hear Chevron Appeal over Ecuador Environmental Damages Case
The US Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce overruled the forty-year-old Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. decision, one of the most-cite
Some time this week—I think—the Supreme Court is going to rule on more than one case that might change radically the structure of American government. The one with all the bells and whistles is the case on absolute presidential immunity. But it’s the others that may have the...