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De Novo Standard of Review Chevron Deference

McGlinchey Stafford

Chevron Deference is on Thin Ice

McGlinchey Stafford on

On Wednesday, January 17, 2024, the Supreme Court heard oral arguments in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Dep’t of Commerce, a pair of cases where a majority of the Justices made clear that...more

Bricker Graydon LLP

No Chevron Deference in Ohio

Bricker Graydon LLP on

On December 29, 2022, the Ohio Supreme Court issued a definitive opinion that, at least in Ohio, the judicial branch is never required to defer to an agency’s interpretation of the law. TWISM Enterprises, L.L.C. v. State...more

Allen Matkins

Chevron Deference In California

Allen Matkins on

In mid July, the House of Representatives passed the Separation of Powers Restoration Act of 2016, H.R. 4768 (SOPRA). If enacted, the SOPRA would amend the federal Administrative Procedure Act to require a reviewing court to...more

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