News & Analysis as of November 17, 2024

Chevron v NRDC

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

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

Pillsbury Winthrop Shaw Pittman LLP on 7/25/2024

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

Loper Bright Enterprises v. Raimondo (2024)

McDonnell Boehnen Hulbert & Berghoff LLP on 7/1/2024

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

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

Ballard Spahr LLP on 11/29/2023

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

SCOTUS Will Have a Full Bench to Review Chevron Deference

Robinson+Cole Environmental Law + on 10/18/2023

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

SCOTUS agrees to hear second case challenging Chevron deference

Ballard Spahr LLP on 10/16/2023

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

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

Venable LLP on 6/23/2023

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

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

McGuireWoods LLP on 12/27/2017

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

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