judicial DeferenceChevronThe Supreme Court is poised in Kisor v. Wilkie to reconsider the standard of review known as Auer deference, whereby courts must defer to an agency's reasonableKristin E. HickmanMark R. ThomsonSocial Science Electronic Publishing...
InLoper Bright, the Supreme Court held thatChevrondeference is incompatible with the APA and with courts’ paramount duty to interpret the laws that Congress enacts. In reaching this conclusion, the majority relied on the language of the APA, which assigns to f...
Supreme Court dissolved the giant New Jersey-based Standard Oil combine, the California-based company became an autonomous entity with its own oil fields, pipelines, tankers, refineries, and markets. In 1926 it acquired the properties of Pacific Oil Company (previously owned by Southern Pacific ...
Under the new standard announced by the Supreme Court, reviewing courts are no longer required to defer to the agency’s interpretations. This could lead courts to more easily strike down rules and regulations that the reviewing court views as exceeding ...
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 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
The Court of Appeals ultimately held that this plantwide approach was prohibited by the 1970 Act, see ASARCO Inc., 188 U.S.App.D.C. at 83-84, 578 F.2d at 325-327. This decision was rendered after enactment of the 1977 Amendments, and hence the standard was in effect when Congress...
Supreme Court in order to break its monopolistic hold on the oil industry. As one of 34 independent units carved out of the former parent company, Standard Oil Company (California) would have to do without Standard's financial backing, but the new competitor hardly faced the world unarmed. ...
agency’s substantive expertise; and (c) the agency’s interpretation of the rule reflects “its fair and considered judgment.” InKisor, the Supreme Court narrowed the previous standard set forth inAuer v. Robbins, which held that courts would give deference to an agency’s interpretation of ...
The Court also rejected CBI’s second argument that a court should give significant deference to the arbitrator’s decision on jurisdiction. The High Court held that the correct standard was a de novo review. This means that the matter is heard afresh and a...