That doctrine is based on the 1984 Supreme Court decision inChevron U.S.A., Inc. v. Natural Resources Defense Council, in which the justices held that sometimes, courts are required to defer to “permissible” agency interpretations of statutes those agencies administer — even when the reviewi...
The US Supreme Court will soon decide whether to limit the discretion given to agency regulations,and a decision to scale back or do away with so-called Chevron deference could hinder agencies'ability to consider the climate and conservation impacts of oil and gas projects and leases,experts say...
InLoper Bright, the Supreme Court held thatChevrondeference is incompatible with the APA and with courts’ paramount duty to interpret the laws that Congress enacts. In reaching this conclusion, the majority relied on the language of the APA, which assigns to f...
The US Supreme Court’s June 28, 2024 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce overruled the forty-year-old Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. decision, one of the most-cited cases in US la...
Although the Supreme Court indicated that prior decisions relying on theChevronframework are not overturned, this decision will likely affect how, going forward, federal labor and employment agencies — such as the Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC) and ...
THE SUPREME COURT’S DECISION InLoper BrightandRelentless, the Court first concluded that the Chevron doctrine was inconsistent with the Administrative Procedure Act (APA) and the general rule that courts “say what the law is,” citingMarbury v. Madison.The Court went on to ...
decision overruling or limitingChevron, lower courts will have to interpret the Supreme Court's decision to assess the new state of the law. This may also result in a rush of litigation to test the new limits of agency deference, develop new precedent and potentially revisit pri...
A case about Atlantic herring has resulted in SCOTUS ending a 40-year policy to defer to expert agencies when considering regulations. The effects will likely be felt far beyond fishing
“The Supreme Court did the appropriate thing with this ruling because the Chevron deference had started to stretch too far for certain agencies.” Loper Bright’s impact will be “enormous” in the long run, according to Joshua Simmons, partner at Wiley Rein and adjunct professor at the Unive...
in answering legal questions, although deference is mandated for judicial review of agency policy-making and fact-finding. The majority concluded that, in decidingChevron, the Supreme Court had required judges to “disregard their statutory duties,”...