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 ...
the Court cautioned that the decision does not overrule prior decisions where a court relied on the Chevron doctrine to uphold an agency rule or order. At the same time, the Court did not address—and thus left open the possibility—thatLoper BrightandRelentlessmay ...
so the Court's decision to hear these cases does not mean that there were ever five votes to modify or overruleChevron. Without a fifth vote to discard or modifyChevron, the doctrine will remain intact. It is particularly
The U.S. Supreme Court accepted review of Loper Bright Enterprises v. Raimondo,1 which may determine the fate of the deference doctrine established in Chevron2 in 1984. The issue in Loper is whether the Court should overrule Chevron, or limit or clarify the applicability of requiring deference...
Chevron doctrine has been applied by lower courts in thousands of cases. The Supreme Court itself has invoked the framework to uphold agencies' interpretations of statutes at least 70 times, but not since 2016. Roberts wrote for the court that its decision reversing Chevron would not call those...
The arguments presented by both sides are complex and both practical and theoretical. The ways the Court could choose to resolve the question presented are several. One is the question of the first step of the test: When is a statute truly ambiguous s...
This phenomenon came to an abrupt end last Friday, when the Supreme Court overruled its own opinion in Chevron and struck a major blow to executive agency power in a 6-3 decision in Loper Bright Enterprises v. Raimondo. Writing for the majority, Chief Justice John Roberts noted that “…a...
The Supreme Court Should Overrule the Territorial Incorporation Doctrine and End One Hundred Years of Judicially Condoned Colonialism The Supreme Court Should Overrule the Territorial Incorporation Doctrine and End One Hundred Years of Judicially Condoned ColonialismAuthor(s): Soltero, Carlos R. | ...
While the Supreme Court has decided cases involving the Chevron doctrine before, it has stopped short of overruling the 1984 decision, even amid growing complaints that it has allowed agencies to amass too much power. While serving on the U.S. Court of Appeals for the 10th Circuit, Gorsuch...
The U.S. district court in Washington ruled in favor of the government, citing the long-standing doctrine known as Chevron deference, which stems from the 1984 Supreme Court decision in Chevron v. National Resources Defense Council. The high court said in that ruling that courts sh...