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...
Washington —The Supreme Court on Fridayoverturned a landmark 40-year-old decisionthat gave federal agencies broad regulatory power, upending their authority to issue regulations unless Congress has spoken clearly.The court split along ideological lines in the dispute, with Chief Justice John Roberts ...
The Court deferred to NMFS’s interpretation because it was deemed reasonable. The petitioners are asking the Court to overrule or limit the application of Chevron in this case. The fishing companies are requesting a review of both their challenge to the Chevron rule as well as a request to ...
even when a reviewing court read the statute differently. On June 28, the Supreme Court held that reviewing courts need not defer to agency interpretation of law, even when the statute is ambiguous. The holding in theLoper BrightandRelentlessdecision could ...
votingagenciesIn Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretations ofGersen, Jacob E.Vermeule, AdrianSocial Science Electronic Publishing...
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...
that meant upholding a Reagan-era rulethat defined “major stationary source” on a plantwide basis (back to our earlier example, one source, not three). The animating principle behind Chevron is that, given the range and depth of federal regulations, Congress can’t be expected to define ev...
OverrulingChevron"is animportant course correctionthat will help create a more predictable and stable regulatory environment," said U.S. Chamber of Commerce President and CEO Suzanne P. Clark. "The Supreme Court’s previous deference rule allowed each new presidential administration to advance ...
business and industry groups are currently challenging the legality of the Federal Trade Commission’s “non-compete” rule, amendments to the National Environmental Policy Act implementing regulations put forth by the Council on Environmental Quality and the Environmental Protection Agency’s ambitious r...
Chevron as a Voting Rule In Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., the Supreme Court created a new framework for judicial deference to agency interpretatio... JE Gersen,A Vermeule - 《Social Science Electronic Publishing》 被引量: 27发表: 0年 Chevron, U.S.A ...