The recent overturning of the Chevron doctrine by the Supreme Court has created uncertainty in the regulatory landscape and will test the judiciary's expertise in specific subject matters. The Chevron doctrine, established in 1984, gave federal agencies broad interpretative authority,...
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 ...
The Supreme Court’s June 28 ruling to overturn the Chevron doctrine(opens a new window)came in two cases challenging the 1984 decision:Loper Bright Enterprises v. RaimondoandRelentless, Inc v. Department of Commerce. By a 6-3 margin, the court overruledChevron, holding that courts must...
Updates on the US Supreme Court overruling of the Chevron doctrine that required courts to defer to an agency’s reasonable interpretation
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 US Supreme Court on June 28 decided Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, overruling the Chevron doctrine that for four decades has required federal courts to defer to administrative agencies’ interpretations
Chevron doctrine has been applied by lower courts in thousands of cases. The Supreme Court itself has invoked the framework to uphold agencies' interpretations of statutes at least 70 times, but not since 2016. Roberts wrote for the court that its decision reversing Chevron would not call those...
The U.S. Supreme Court accepted review of Loper Bright Enterprises v. Raimondo,1 which may determine the fate of the deference doctrine established in Chevron2 in 1984. The issue in Loper is whether the Court should overrule Chevron, or limit or clarify the applicability of requiring deference...
However, the doctrine is undergoing challenges in two cases pending before the U.S. Supreme Court that will likely be ruled on by early July 2024. This Holland & Knight alert examines the various ways in which the Court could rule and the impacts the ruling could have on agen...
The U.S. Supreme Court ruled today that courts may no longer defer to an agency’s interpretation of an ambiguous statute so long as that interpretation is reasonable, a practice that had been known as Chevron deference.