Brown & Williamson, the Supreme Court appeared to create an exception to Chevron deference for agency enactments that effect "major" changes. Neither the Supreme Court nor the scholarly literature, however, has ever articulated a satis-factory justification for the majorness line. Indeed, in the ...
The court significantly limited Chevron in 2022 when it adopted the so-called“major questions doctrine.”That doctrine reverses the rule of deference in cases when an agency takes a highly consequential action reflecting a previously unheralded expansion in the scope of its authority. In those v...
Sonia Sotomayor and Ketanji Brown Jackson. Among other rationales for keepingChevrondeference, this set of justices appeared to defend the 40-year-old doctrine not only on the grounds ofstare decisis, but also on the basis
The challenge to Chevron deference The dispute that led to the court's reevaluation of the Chevron doctrine stemmed from a 2020 federal regulation that required owners of vessels in the Atlantic herring fishery to pay for monitors while they're at sea. These at-sea monitors, who collect data ...
“Second, the Court has created another doctrine called the Major Questions Doctrine, under which the court has said – even if agencies are entitled to certain degrees of deference, there are certain questions that we will say, because of their major significance on the economy or for other ...
However, the opinion makes clear that the Chevron doctrine was directed at questions of law and statute, but that the Administrative Procedure Act directs that courts provide deference to agencies in matters of policymaking and factfinding.
At present, courts also rely on the “major questions” doctrine inWest Virginia v. EPA, 142 S. Ct. 2587 (2022) to side stepChevrondeference even if a statute is ambiguous. Here the Supreme Court held that “in certain extraordinary cases” where it is unclear whether an agency action wa...
reliance because, almost since its inception, the Court has had to continually reshapeChevronthrough a series of patchworks and exceptions —Chevron“Step Zero,” the Major Questions Doctrine, and so on. Rather than continue to chip away atChevron’s excesses,Lo...
Chevron U.S.A., Inc. v. NRDC: A government agency must conform to any clear legislative statements when interpreting and applying a law, but courts will give the agency deference in ambiguous situations as long as its interpretation is reasonable.
A major Supreme Court ruling Friday that shifted power from the executive branch to the judiciary stands to transform how the federal government works.