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 ...
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....
environment and health care."Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the [Administrative Procedure Act] requires," Roberts wrote for the court. The chief justice called the earlier decision a "ju...
But herring and the rule that gave way to the disputes were seldom mentioned during oral arguments. Instead, the justices focused on the 40-year-old legal doctrine underpinning the fight known as "Chevron deference," which requires courts to defer to an agency's interpretation of laws passed b...
COLLINS, HUNTER W.San Diego Law Review
While the Supreme Court's traditional Chevron framework for reviewing agency rules grants agencies deference for reasonable interpretations of ambiguous statutory authority, the Court's more recent "major questions" doctrine threatens the ability of agencies to make meaningful rules that pro...
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...
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...
Administrative Law ReviewMoncrieff, Abigail R. 2008. "Reincarnating the `Major Questions' Exception to Chevron Deference as a Doctrine of Noninterference (Or Why Massachusetts v. EPA Got It Wrong)." Administrative Law Review 60 (3): 593-646....