Tag Archives: Chevron deference

Everything You Always Wanted to Know About the Chevron Doctrine, by Dan Farber

by Guest Blogger — Monday, Oct. 23, 2017

This doctrine, formerly known only to specialists, will play a large role under Trump. During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before […]

Will the Supreme Court Revisit Deference Doctrines This Term?

by Jennifer Mascott — Friday, Oct. 6, 2017@jennmascott

Yesterday in his Supreme Court Relist Watch, John Elwood highlighted the Supreme Court’s unusual action this past summer on a cert petition regarding Chevron deference. Mr. Elwood observed that the Supreme Court relisted—again— Scenic America, Inc. v. Department of Transportation, 16-739, which garnered attention this summer when the court called for a reply . . […]

Does Auer/Chevron Deference Apply to State Agency Interpretations of Federal Law?

by Chris Walker — Thursday, Sept. 21, 2017@chris_j_walker

In Grand Canyon Trust v. Energy Fuels Resources (U.S.A.) Inc., Judge Waddoups of the U.S. District Court for the District of Utah concluded that a state agency is entitled to “some deference” as to an interpretation by the Utah Department of Air Quality (DAQ) of the Clean Air Act and its implementing regulations. Here’s the key part […]

A Status Update on Criticisms of Auer and Chevron Deference

by Chris Walker — Monday, Sept. 11, 2017@chris_j_walker

Back in April the Georgetown Center for the Constitution and the Institute for Justice organized a terrific conference entitled Challenging Administrative Power. The Georgetown Journal of Law and Public Policy generously agreed to publish the papers presented at the conference, and that conference issue is forthcoming early next year. For my short conference contribution, I decided […]

Judicial Deference under the Regulatory Accountability Act

by Chris Walker — Wednesday, July 26, 2017@chris_j_walker

Since I last blogged about the Portman-Heitkamp Regulatory Accountability Act being reported favorably out of committee in May, there hasn’t been any movement on the legislative front. A number of additional administrative law scholars, however, have weighed in, and the legislation continues to get serious attention in policy circles. For instance, Cass Sunstein has a generally […]

What 2016 Gorsuch Opinions Could Mean for 2017 Re-Argument in Sessions v. Dimaya

by Michael Kagan — Monday, July 3, 2017@MichaelGKagan

At the end of its term, a shorthanded and evidently evenly divided Supreme Court scheduled two immigration cases for re-argument next term when nine justices can hear the cases. Of the two, Sessions v. Dimaya stands out because the ninth and newest justice has very recently issued opinions that seem to bear directly on key […]

Chevron’s Political Dynamics (AdLaw Bridge Series)

by Chris Walker — Friday, June 16, 2017@chris_j_walker

Last July Kent Barnett and I posted a draft of the first paper from our years-long coding project of every publish circuit court decision over an eleven-year period that dealt with Chevron deference. That paper is forthcoming in the Michigan Law Review later this year. I blogged about it here, and Dick Pierce reviewed it over […]

Judge Gorsuch and Chevron Doctrine Part III: The Gutierrez-Brizuela Concurring Opinion, by Asher Steinberg

by Guest Blogger — Wednesday, Mar. 29, 2017

This is part three of a three-part series on Judge Gorsuch. Last summer when I was taking the New York bar, I ran into an acquaintance who was an incoming clerk for one of President Trump’s Supreme Court short-listers. At some point she asked me what a judge I knew was “like,” and I replied that […]

Judge Gorsuch and Chevron Doctrine Part II: The Misuse of Precedent, by Asher Steinberg

by Guest Blogger — Tuesday, Mar. 28, 2017

This is part two of a three-part series on Judge Gorsuch. Does Judge Gorsuch care about precedent? The question might seem like asking if Judge Gorsuch cares about stray kittens – of course he cares about precedent. After reading his administrative-law opinions, though, one can wonder. Padilla-Caldera II In Padilla-Caldera v. Gonzales (“Padilla-Caldera I”), the Tenth […]

Judge Gorsuch and Chevron Doctrine Part I: The Misuse of Fact in De Niz Robles, by Asher Steinberg

by Guest Blogger — Monday, Mar. 27, 2017

This is part one of a three-part series on Judge Gorsuch. In the confirmation questionnaire Judge Gorsuch submitted to the Senate Judiciary Committee, he listed Gutierrez-Brizuela v. Lynch first among the list of the ten most significant cases he has decided. It could hardly be otherwise. His concurring opinion in Gutierrez-Brizuela calling for the Court to […]