On Monday, the Court made a ruling that, looked at from a certain angle, might indicate that there are limits to its sweet tooth for non-delegation. From PBS: The Supreme Court on Monday rejected a challenge from Republican-controlled states to a horse racing safety law that has...
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The Supreme Court’s landmark 1984 decision in Chevron v. Natural Resources Defense Council obligated federal courts to defer to administrative agencies’ reasonable interpretations of ambiguous laws. For the last 40 years, courts have issued numerous de
Washington —The Supreme Court on Fridayoverturned a landmark 40-year-old decisionthat gave federal agencies broad regulatory power, upending their authority to issue regulations unless Congress has spoken clearly.The court split along ideological lines in the dispute, with Chief Justice John Roberts ...
This Holland & Knight alert examines the various ways in which the Court could rule and the impacts the ruling could have on agency-regulated entities. For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used theChevrondoctrine to defer to an agenc...
Court of Appeals for the District of Columbia Circuit ruled in favor of NMFS by applying Chevron deference to the agency’s interpretation of the Act. The Court’s ruling held that although federal fishery law clearly states that the government can require fishing boats to carry monitors, it ...
Accordingly, the Court held that “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires.”What does this ruling mean moving forward in the safety ...
The new US Supreme Court ruling against federal regulatory powers poses a deep, costly and fundamentally unpredictable threat to the norms of government oversight in higher education, the sector’s top expert body has warned. Thedecision by the top courtagainst its own 40-year-old principle known...
Don’t Sweat Chevron’s End Either ByMatt Kelly|July 8, 2024|0 So there I was, reading through the U.S. Supreme Court’s recent rulings, when the phone rang. On the other end was my friend the general counsel, who apparently had been doing the same. “Oh man,” he said, launchi...
The petitioners seek to overturn or greatly limit a 39-year-old Supreme Court case,Chevron vs. Natural Resources Defense Council. That ruling said that if a federal law is silent or ambiguous on a specific question, courts should defer to government agencies’ interpretation of the statute. ...