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...
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-cite
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...
On June 28, 2024, the U.S. Supreme Court overturnedChevron, USA Inc. v. Natural Resources Defense Council, a case that, for nearly four decades, mandated that courts defer to federal agencies’ interpretations of the statutes they oversee. The Court’sLoper Bright Enterprises v. Raimondode...
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
Adopting theKisorApproach.In the 2019 case ofKisor v. Wilkie, the U.S. Supreme Court considered whether to discardAuerdeference, a doctrine similar toChevrondeference that is used to defer in some instances to an agency's interpretation ofits own regulations, as opposed to a fe...
Court Deference to Agency Positions Dead:ChevronReversal In a massive blow to agency power, the U.S. Supreme Court on Friday reversedChevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.,467 U.S. 837 (1984), in a case involvi...
“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...
even when that regulation carries out Treasury’s interpretation of overarching policy concerns. Further, this decision is the first challenge to a Treasury regulation to applyLoper Bright Enterprises v. Raimondo, the recent Supreme Court decision that overturned theChevrondoctrine’s defer...
This shift is further evidenced by recent legal developments, such as the Supreme Court’s decision to overturn the “Chevron deference” doctrine. This ruling, which limits federal agencies’ power to interpret ambiguous laws, has been hailed by crypto advocates as...