News & Analysis as of

Chevron Deference Separation of Powers

Venable LLP

Impact of Loper Bright on International Trade Issues

Venable LLP on

Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long standing Chevron deference principle. Here, the International Trade and Logistics Group offers...more

King & Spalding

Lawmakers Armed with Loper are Preparing to Take Aim at HHS Policies

King & Spalding on

On July 10, 2024, HHS found itself a recipient of one of the dozens of letters sent to various federal agencies by Republican lawmakers. These letters task the federal agencies to themselves identify areas where the agencies...more

Fenwick & West LLP

U.S. Federal Agencies Under Fire?

Fenwick & West LLP on

On June 28, 2024, the U.S. Supreme Court rejected the long-standing Chevron test in Loper Bright Enterprises v. Raimondo. The Chevron test gave deference to a government agency’s expertise when a law is ambiguous regarding...more

Proskauer - Labor Relations Update

Two Blockbuster U.S. Supreme Court Decisions May Spell End of NLRB’s Expansion of Reach of NLRA as Well as How Agency Prosecutes...

The U.S. Supreme Court issued two blockbuster decisions last week, both of which likely will curtail the ability of federal agencies, including the NLRB, to prosecute cases and expand the law. In a 6-3 decision announced...more

Wiley Rein LLP

How the Supreme Court’s Blockbuster Chevron Case Might Affect the Future of Tech Regulation

Wiley Rein LLP on

This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...more

Pierce Atwood LLP

Is It Appropriate to Defer to Agency Interpretations under the Maine Constitution?

Pierce Atwood LLP on

The issue of whether courts should defer to an executive agency’s interpretation of a statute is a familiar one. Going back all the way to Marbury v. Madison, we know that courts decide the meaning of a statute. Courts...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

Manatt, Phelps & Phillips, LLP

New Bill, Supreme Court Case Challenges Administrative Deference

In the latest attack on administrative deference, Sen. Ben Sasse (R-Neb.) opted for a frontal challenge to Chevron deference by introducing the Separation of Powers Restoration Act....more

Butler Snow LLP

You Can Drive Past a Chevron, but No Longer Have to Pull In

Butler Snow LLP on

Over twenty years ago, the Supreme Court of the United States adopted the so-called Chevron Deference Doctrine in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837, 843 (1984). The Chevron Doctrine...more

Snell & Wilmer

Arizona Governor Doug Ducey Signs Legislation to Eliminate ‘Chevron Deference’

Snell & Wilmer on

On April 11, 2018, Arizona Governor Doug Ducey signed House Bill 2238, which eliminates the judicial doctrine commonly known as “Chevron deference.” One of the most well-known doctrines of administrative law, “Chevron...more

Kelley Drye & Warren LLP

Chevron Deference and the Proposed “Separation of Powers Restoration Act of 2017”

During its first month in session, Congress has proposed several pieces of legislation designed to reverse the dramatic shift in power over the last 50 years from Congress to the Executive. The Regulatory Accountability Act...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Supreme Court: A Term-End Review"

As the U.S. Supreme Court’s 2014-15 term draws to a conclusion, the Court has resolved — or will resolve in a matter of days — several cases with potentially wide-reaching implications for a range of important policy and...more

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