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-cited cases in US la...
The Loper case challenged a rule promulgated by the National Marine Fisheries Service in the Commerce Department requiring fishermen to pay for federal at-sea monitors. Chief JusticeJohn Roberts,writing for the majority, declared that the courts “may not defer to an agency interpretation of the l...
These two cases join with two other decisions handed down by the Supreme Court over the last week that signal a shift in governing power to the courts. In Ohio v. EPA, the Court interjected itself in the middle of an ongoing dispute over an Environmental Protection Agency rule, placing ...
an agency write any law or rule, they should go to court to establish that it is Constitutional. Instead, they pick on people who cannot afford lawyers to expand their tyranny, and it is always our burden for someone to challenge them and make it to the Supreme Court. That is outrage...
The Supreme Court on Fridayoverruleda longstanding legal doctrine that gives federal agencies latitude to interpret federal law, which legal … Sign up to read this article for free. ...
Chevron “undermine[d] core rule-of-law values ranging from the promise of fair notice to the promise of a fair hearing.” Accordingly, the Court held that “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an ...
The courtruled in a divided 6-3 decisionthat the ATF did go too far when it banned bump stocks, invalidating the rule put in place during the Trump administration.
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 ag...
The Service adopted a rule requiring ship owners to pay part of the cost of those observers. Some owners sued, but the reviewing courts applied Chevron to find in the agency’s favor. In a 6-3 decision, the Supreme Court held that Chevron deference violated the Administrative Procedure Act ...
For instance, the Supreme Court in 2014 citedChevronto uphold a version of the EPA’s so-called good-neighbor rule, which addresses the problem of air pollution that travels across state lines. The Supreme Court put the latest iteration of the regulation on hold last week after a lower c...