Unlike in earlier cases, where the Court invoked the major questions doctrine under Step One of the Chevron framework, the Court has recently applied the doctrine in other stages of the Chevron analysis. For instance, in Utility Air Regulatory Group v. EPA, the Court first found that the ...
Proponents of the doctrine have argued that agencies have the expertise and experience to address gaps in the laws enacted by Congress, especially when it comes to administering programs that serve broad swaths of the population. Overturning Chevron would make it more difficult for the federal govern...
said that one of the damages of the Chevron doctrine was that it incentivized Congress, both Republicans and Democrats, not to compromise on clear language when writing bills that become law.
Chevronstep zeroMeadmajor questionsdeferenceadministrative lawagencyagenciesstatutory interpretationIn Minor Courts, Major Questions, Michael Coenen and Seth Davis advance perhaps the most provocative proposal to date to address the new major questions doctrinBarnett, Kent H....
Reincarnating the Major Questions Exception to Chevron Deference as a Doctrine of Non-Interference (Or Why Massachusetts v. EPA Got it Wrong)In a pair of cases declaring a major questions exception to Chevron deference, the Supreme Court held that executive agencies may not implement major policy...
Brown & Williamson, the Supreme Court appeared to create an exception to Chevron deference for agency enactments that effect "major" changes. Neither the Supreme Court nor the scholarly literature, however, has ever articulated a satis-factory justification for the majorness line. Indeed, in the ...
clean power planThis article examines the "major questions" doctrine, which operates to deny Chevron deference to agency interpretations of law in certain "extraordinary cases"doi:10.2139/ssrn.2665214Nathan D. RichardsonSocial Science Electronic Publishing...
I propose that the major questions doctrine should be reformulated, so that an agency's resolution of a "major question" can receive full Chevron deference if it is promulgated through notice-and-comment rulemaking and addresses the relevant political and economic questions in the rulemaking record....
Especially for a doctrine in its infancy that goes to the heart of Chevron's theoretical foundations, short-circuiting the development of the new major questions doctrine in the lower courts only exacerbates its problems.Barnett, Kent HWalker, Christopher J...
major questions doctrinenon-delegation doctrinechevronseparation of powersadministrative lawThis Article deconstructs Justice Gorsuch's non-delegation argument against Chevron deference and its subsequent manifestation in the Supreme Court as the majorSocial Science Electronic Publishing...