News & Analysis as of

Certiorari Chevron Deference Supreme Court of the United States

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

McDonnell Boehnen Hulbert & Berghoff LLP

Loper Bright Enterprises v. Raimondo (2024)

Not surprisingly, the Supreme Court overturned the "Chevron deference" principle from its 1984 Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. decision in Loper Bright Enterprises v. Raimondo (and it did so...more

Ballard Spahr LLP

Consumer Finance Monitor Podcast Episode: What the Recent Developments in Federal Preemption for National and State Banks Mean for...

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Providers of consumer financial services that rely on federal preemption to charge customers uniform interest rates and fees on a nationwide basis are currently facing a series of legislative and litigation challenges. In...more

Ballard Spahr LLP

SCOTUS to hear oral argument on January 17 in cases challenging Chevron deference

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The U.S. Supreme Court has scheduled oral argument for January 17, 2024 in the two cases in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def....more

Ballard Spahr LLP

ABA releases recording of program on Supreme Court revisiting of Chevron judicial deference framework

Ballard Spahr LLP on

Last month, I moderated a live and virtual program at the American Bar Association Business Law Section 2023 Fall Meeting in Chicago. The program was entitled: “U.S. Supreme Court to Revisit Chevron Deference: What the...more

Ballard Spahr LLP

Supreme Court Grants Cert for Interest-on-Escrow Preemption Case

Ballard Spahr LLP on

The U.S. Supreme Court recently granted certiorari to hear the Second Circuit case of Cantero et al. v. Bank of America, N.A., involving National Bank Act (NBA) preemption of New York’s law requiring that interest be paid to...more

Robinson+Cole Environmental Law +

SCOTUS Will Have a Full Bench to Review Chevron Deference

Chevron deference is squarely in the U.S. Supreme Court’s crosshairs. The Court has had on its October docket an appeal in Loper Bright Enterprises v. Raimondo, which challenges the long-standing doctrine. First established...more

Dorsey & Whitney LLP

The Supreme Court Update - October 16, 2023

Dorsey & Whitney LLP on

On October 13, 2023, the Supreme Court of the United States granted certiorari in 4 cases: Relentless, Inc. v. Department of Commerce, 22-1219: This is the second case that the Court has agreed to hear this term...more

Ballard Spahr LLP

SCOTUS agrees to hear second case challenging Chevron deference

Ballard Spahr LLP on

Last Friday, the U.S. Supreme Court agreed to hear a second case, Relentless, Inc. v. U.S. Department of Commerce, in which the question presented is whether the Court should overrule its 1984 decision in Chevron, U.S.A.,...more

Fisher Phillips

4 Supreme Court Cases Employers Should Be Tracking as New Term Kicks Off

Fisher Phillips on

The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more

Venable LLP

[Webinar] The Future of Chevron Deference and Administrative Law - June 29th, 2:00 pm - 3:00 pm ET

Venable LLP on

On the surface, a dispute over whether small fishing businesses should be required to pay for onboard monitors to observe their catch would not appear to be a potential game-changer for administrative law. But when the...more

Cooley LLP

Will Chevron deference survive? Why you might really care about a case about fishing

Cooley LLP on

On May 1, SCOTUS granted cert in the case of Loper Bright Enterprises v. Raimondo, a case about whether the National Marine Fisheries Service has the authority to require fishing vessels to pay some of the costs for onboard...more

ArentFox Schiff

Gorsuch Says "Chevron Doctrine" is Dead Even Though the US Supreme Court Refuses to Say So

ArentFox Schiff on

“Administrative deference” is a key component to the modern regulatory state. The “Chevron doctrine,” i.e., the concept that the courts should defer to relevant agencies’ interpretations of ambiguous statutes they are tasked...more

Eversheds Sutherland (US) LLP

Deference or preference – Supreme Court to address agency authority in context of TCPA litigation

Are courts bound by Federal Communications Commission (FCC) rulings and orders in deciding Telephone Consumer Protection Act (TCPA) cases? The United States Supreme Court has agreed to take on a case raising this very issue. ...more

Goodwin

Supreme Court Grants Cert in TCPA Junk Fax Case to Determine Whether the Hobbs Act Trumps the Chevron Doctrine

Goodwin on

On November 13, 2018, the Supreme Court granted certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic (No. 17-1705), to answer the question whether the Hobbs Act required the district court to accept the Federal...more

Womble Bond Dickinson

Controlled Chaos?: FCC Withdraws Overruled Portion of Solicited Fax Rule One Day After Supreme Court Accepts Review of Different...

Womble Bond Dickinson on

The TCPA jockeying continues at the FCC. As we reported on Tuesday, the U.S. Supreme Court has just granted cert to determine whether or not the FCC’s definition of “unsolicited advertisement” in its 2006 Junk Fax Ruling...more

Womble Bond Dickinson

From a Deference Dimension: Breaking Down the Supreme Court’s Grant of Certiorari to Consider Whether the Hobbs Act Requires...

Womble Bond Dickinson on

As reported earlier today, the Supreme Court granted the Petition for Certiorari in PDR Network, LLC v. Carlton & Harris Chiropractic, Inc., No. 17-1705, 2018 WL 3127423 (U.S. Nov. 13, 2018) to consider the following legal...more

McGuireWoods LLP

Pending U.S. Supreme Court Case Could Impact Judicial Deference to Agency Rulemaking

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A petition for certiorari pending before the U.S. Supreme Court has the potential to narrow the application of Chevron deference to agency rulemaking. Under Chevron U.S.A. v. Natural Resources Defense Council, a 1984 Supreme...more

Jackson Lewis P.C.

Ninth Circuit Reaffirms Service Advisors Eligible for Overtime, Setting Up Second Potential Trip to Supreme Court

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The U.S. Supreme Court in 2016 granted certiorari in Encino Motorcars, LLC v. Navarro to resolve a circuit split regarding whether “service advisors” at automobile dealerships are exempt from receiving overtime under the Fair...more

Dorsey & Whitney LLP

The Supreme Court - June 2016 #5

Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in five cases today: RJR Nabisco, Inc. v. European Community, No. 15-138: The European Union and 26 of its members filed an action in District Court against...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Hears Arguments on FERC Demand Response Policy

The Energy Policy Act of 2005 ("EPAct 2005") established a national policy to encourage reliable and affordable demand response services. Demand response refers to the ability of retail electric customers to reduce or shift...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court to Hear VA Procurement Controversy This Fall

In a matter of keen interest to the small business community, last month the Supreme Court, granted certiorari in Kingdomware Technologies, Inc. v. United States. The Court’s decision will hopefully bring some closure to the...more

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