News & Analysis as of

Chevron Deference Agency Deference

K&L Gates LLP

Quick Guide: Agency Deference Caselaw

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The US Supreme Court will soon decide the fate of the Chevron doctrine. As the legal community awaits this ruling, there has been heightened attention on how courts review agency decision-making across multiple dimensions,...more

Arnall Golden Gregory LLP

AGG Talks: Healthcare Insights Podcast - Episode 3: The Future of Agency Deference in Healthcare Regulation

In this episode, AGG Healthcare Litigation co-chair Jason Bring discusses the evolving landscape of agency deference with AGG Healthcare Litigation partner Brian Stimson. Brian explains the types of agency deference —...more

Pierce Atwood LLP

The Limits of Deference to Agency Interpretations under Maine Law

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Earlier this month, the Maine Law Court issued its decision in Cassidy Holdings, LLC v. Aroostook County Commissioners, holding that, in a municipality without a board of assessment review, a taxpayer whose nonresidential...more

Perkins Coie

Supreme Court To Review Critical Case on Deference to Administrative Agencies

Perkins Coie on

Overview The Supreme Court of the United States has agreed to review a case taking direct aim at “overregulation” by federal administrative agencies. Any client or business that routinely deals with federal administrative...more

(ACOEL) | American College of Environmental...

Marbury v. Chevron: The Ohio Constitution’s Separation of Powers Restricts Deference to Administrative Interpretations of Law

Marbury v. Madison established that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Fast forward 163 years, and section 706 of the Administrative Procedure Act also ordained...more

Foley Hoag LLP - Environmental Law

Will The PM NAAQS Be the Real End of Agency Deference?

According to Bloomberg Environment (subscription required), EPA’s Clean Air Science Advisory Committee cannot reach agreement whether to recommend that the NAAQS for PM2.5 be lowered. Even after two years, I guess I had not...more

Foley & Lardner LLP

When Even the Regulations Are Bigger in Texas: Limitations on Court Deference

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Manufacturers considering operations in Texas may be surprised to discover that, despite the state’s desired reputation as a “light regulation” and “free market” environment, comprehensive regulatory statutes exist for most...more

Balch & Bingham LLP

Mississippi Supreme Court Rejects Deference to Agency Readings of Statutes

Balch & Bingham LLP on

In an 8-0 decision on Thursday, June 7, the Mississippi Supreme Court announced that it will no longer give any deference to state agencies’ interpretations of their governing statutes. This marks a sharp departure from the...more

Snell & Wilmer

Should Congress End Agency Deference?

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At its core, agency deference – as enshrined in the United States Supreme Court’s decision, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) – is both reasonable and necessary. Indeed, in...more

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