Tag Archives: deference

Which Sovereign Merits Arbitrary & Capricious Deference in Clean Air Act Federalism Disputes?, by William Yeatman

by Guest Blogger — Tuesday, July 11, 2017

The Clean Air Act assigns certain fact-based judgments to the EPA, such as setting industry-wide New Source Performance Standards or Maximum Achievable Control Standards. And the Act assigns other such decisions to the states, subject to federal review, including case-by-case determinations of Best Available Control Technology and Best Available Retrofit Technology. This post seeks to […]

More on Justice Scalia’s Doubts About Chevron

by Adam White — Thursday, Nov. 17, 2016

After Justice Scalia’s passing (and even before it), word began to bubble up that he had been seriously rethinking Chevron, given his increasing doubts that the framework was tenable and productive. In the absence of a published opinion, it’s mainly been just the stuff of gossip—although gossip from sufficiently credible sources that I’ve felt confident mentioning it on this […]

Deference’s Discontents

by Jeff Pojanowski — Tuesday, June 30, 2015

I’d like to chip in with some quick thoughts on recent, skeptical rumblings in the Court about deference to administrative agencies. What interests me most here is not the arguments separate Justices are making against deference—they are not new to administrative law thinking, though their return to judicial discussion is more novel. Rather, I’m wondering […]

More on Agency Interpretations of Regulations: Taking Deference Seriously

by Jeff Pojanowski — Wednesday, Oct. 8, 2014

Last week I posted about the Supreme Court’s upcoming cases addressing whether agencies must go through notice-and-comment rulemaking to change previous interpretations of their own regulations. The D.C. Circuit, in its Paralyzed Veterans line of cases, holds that an agency must, reasoning that the agency’s change modifies legal obligations. The bulk of circuit courts, and […]