The Supreme Court overturned Chevron deference, a 40-year legal principle that has shaped the role of government agencies. The outcome could affect medication approval, pollution regulation, and more
" Peskoe said in an email. "Or if the case is in DC, maybe they’ll ask the Court to look at it again now that FERC can’t benefit from Chevron deference."
The concept of Chevron deference was borne out of the 1984 decision, which involved a challenge to a regulation enacted by the Environmental Protection Agency under the Clean Air Act that defined "stationary sources" of air pollution. In that case from four decades ago, the Supreme Court used ...
JusticeElena Kagan,writing in dissent for the three-justice minority, strongly disagrees with Roberts’s interpretations and conclusions. For one thing, she argues, “This court has long understood Chevron deference to reflect what Congress would want, and so to be rooted in a presumption of legi...
A few initial thoughts on Loper Bright and the end of Chevron Deference July 2, 2024Administrative Law, AIA, APA, Chevron, deference, Federal Circuit, ITC, judicial review, obviousness, paid, patent law, patent term adjustment, PTAB, Sonos v Google, Statutory Interpretation, Supreme Court, ...
The Biden administration urged the Supreme Court to leave Chevron deference intact, calling it a "bedrock principle of administrative law." Justice Department lawyers argued that the framework allows experts at federal agencies to interpret statutes, and have said they, not judges, are better suited...
And, while Loper Bright is a significant decision, many federal agencies have been preparing for the anticipated elimination of Chevron deference and have looked for alternative rationales for new regulations. There is no doubt that existing regulations will be more vulnerable to court challenge...
Supreme Court Places a “Tombstone” on Chevron Deference: What are the Implications for MSHA and OSHA? June 28, 2024By: Benjamin J. WilsonOn June 28, 2024, the Supreme Court issued a highly-anticipated decision in the twin cases of Loper Bright...
The Supreme Court remanded nine cases to lower courts last week in light of its reversal of the landmark precedent known as the Chevron deference. This batch of cases may be the first indication of the legal upheaval that could play out across the judiciary in the U.S. now that one of ...
Supreme Court Upholds Chevron Deference to AgenciesEric P. GottingDouglas J. Behr