Auer Deference

News & Analysis as of

Second Circuit Sides With CFPB In ILSFDA Case While Applying Auer Deference

On May 6, the U.S. Court of Appeals for the Second Circuit agreed with the CFPB in holding that a single-story unit in a multi-story condominium is a “lot,” as that term is used in the Interstate Land Sales Full Disclosure...more

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more

Justices Question Agency Deference Doctrine

On March 20, an environmental case before the Supreme Court spurred two opinions from three Justices that question the continuing vitality of the agency deference doctrine known as Auer deference. Decker v. Nw. Envtl. Defense...more

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