On June 28, 2024, the U.S. Supreme Court overturnedChevron, USA Inc. v. Natural Resources Defense Council, a case that, for nearly four decades, mandated that courts defer to federal agencies’ interpretations of the statutes they oversee. The Court’sLoper Bright Enterprises v. Raimondodec...
the law would likely revert to the rule set forth in the 1944 U.S. Supreme Court case ofSkidmore v. Swift & Co., which credits an agency's interpretation of a statute only as the interpretation has power to persuade. This approach effectively allows a court...
The conservative majority on the US Supreme Court appears poised to overturn a longstanding legal doctrine in a decision that could have major implications for federal energy and climate regulations. During oral arguments on Wednesday in the case of Loper Bright Enterprises v. Raimondo, the justices...
The Supreme Court has agreed to hear a case that could reverse -- or at least narrow -- the longstandingChevrondoctrine, which grants EPA and other federal agencies discretion to reasonably interpret ambiguous statutory language. The court May 1 granted a petition for awrit of certiorariinLoper ...
US Supreme Court dismisses human rights case against Chevron.(Features)(Bowoto v. Chevron Corp.)(Brief article)Mendoza, Naki B
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...
Fish, the U.S. Supreme Court and the balance of power in the federal government A Key Court Ruling Could Weaken U.S. Environmental Protections Upcoming SCOTUS Case Could Weaken the Impact of Regulation on Key Patient and Consumer Protections ...
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 ...
The smokestack example is a simplified version of the facts of a real 1984 case,Chevron U.S.A., Inc. v. Natural Resources Defense Council, in which the Supreme Court held that, if a statutory term is ambiguous, courts should generally defer to an executive branch agency’s reasonable inte...
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...