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Supreme Court of the United States › Chevron

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... more +
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 -
Quarles & Brady LLP

The Demise of Chevron: End of an Era or More of the Same?

Quarles & Brady LLP on

In a pair of 6-3 decisions issued Friday and Monday, the U.S. Supreme Court dealt back-to-back blows to the administrative state. First, it ruled on Friday in Loper Bright that federal courts can no longer defer to federal...more

Ballard Spahr LLP

The Supreme Court’s Overruling of Chevron is a Sea Change

Ballard Spahr LLP on

We already have published a short blog about the Supreme Court’s opinion issued on Friday, July 28 in Loper Bright Enterprises et al v. Raimondo, Secretary of Commerce, et al, No. 22-451....more

Seyfarth Shaw LLP

Are Bright Times Ahead for Employers at the NLRB?

Seyfarth Shaw LLP on

On June 28, 2024, the United States Supreme Court, in Loper Bright Enterprises v. Raimondo ended four decades of deference to federal agency action under Chevron and ushered in a new era of administrative law. What Loper...more

Snell & Wilmer

Relentless and Loper Bright - Oral Argument Postscript: SCOTUS Majority Appears Poised To End the Chevron Doctrine

Snell & Wilmer on

The federal courts deference to government agencies expertise and discretion (called Chevron deference) may well be at an end. Wednesday's oral arguments on January 17, 2024, before the United States Supreme Court in Loper...more

Allen Matkins

Why It Is Impossible To File Articles Of Incorporation And A Statement Of Information Simultaneously And A World Without Chevron

Allen Matkins on

A California corporation begins existence upon the filing of its articles of incorporation.  Cal. Corp. Code § 200(c).  The filing of initial articles of incorporation starts a 90 day clock on the filing of the newly hatched...more

Moore & Van Allen PLLC

In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine

Moore & Van Allen PLLC on

James P. McLoughlin Jr., Mary Katherine Stukes and Pierce Werner of Moore & Van Allen discuss the arguments, background and questions surrounding the Supreme Court's upcoming review of the Chevron doctrine. On May 1, 2023,...more

Foley Hoag LLP - Environmental Law

Chevron Is (Still) Not a Left-Wing Plot

Foley Hoag LLP - Environmental Law on

Last week, a number of Democratic Senators filed an amicus brief in Loper Bright Enterprises v. Raimondo, arguing that the Supreme Court should not overrule Chevron.  The first heading under the argument section of the brief...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Landscape of Administrative Law

Skadden, Arps, Slate, Meagher & Flom LLP on

One of the most significant areas of the law for businesses is administrative law. From questions about a new industry-specific regulation to marshaling a defense against enforcement proceedings, any entity that is subject to...more

Proskauer - Minding Your Business

Commercial Fishermen Urge Supreme Court to Reel In Agency Authority

Proskauer - Minding Your Business on

The U.S. Supreme Court has agreed to hear a case challenging its landmark 1984 decision in Chevron v. Natural Resources Defense Council. The high court’s ruling could have important implications on federal officials’...more

Perkins Coie

Supreme Court To Review Critical Case on Deference to Administrative Agencies

Perkins Coie on

Overview The Supreme Court of the United States has agreed to review a case taking direct aim at “overregulation” by federal administrative agencies. Any client or business that routinely deals with federal administrative...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS to hear case that could upend power of federal regulatory agencies

Constangy, Brooks, Smith & Prophete, LLP on

As we have seen recently, the U.S. Supreme Court is again considering overturning decades-long precedent. Nearly 40 years after the Court decided Chevron v. Natural Resources Defense Council, it has agreed to reconsider....more

Foley Hoag LLP - Environmental Law

The Supreme Court Majority Prepares to Bury Chevron; Is There Anyone Left to Praise It?

Foley Hoag LLP - Environmental Law on

Earlier this week, the Supreme Court accepted cert. in Lopez Bright Enterprises v. Raimondo, which presents a straightforward challenge to the continuing viability of Chevron...more

Mintz

Not so hard cases can also make bad law -- Deference to Agencies takes a hit in the Texas Waters of the United States Case

Mintz on

Sam Hess of Inside EPA points out that Judge Brown of Texas concluded that the United States Supreme Court's nearly forty year old precedent compelling the Judiciary to defer to Executive Branch interpretations of laws it is...more

Keating Muething & Klekamp PLL

Agency Deference Loses its Luster Under Ohio Law—Is Interpretation of Administrative Statutes Ohio's Next Legal Hot Topic?

Keating Muething & Klekamp PLL on

Just before the end of 2022, the Ohio Supreme Court decided the case TWISM Ents., L.L.C. v. State Bd. of Registration for Professional Engineers & Surveyors. In TWISM, the Court took steps similar to those taken by the United...more

Morrison & Foerster LLP

FTC Lays Groundwork For Rulemakings: Are New Substantive Competition Rules Coming?

Morrison & Foerster LLP on

The Federal Trade Commission (FTC) appears poised to begin testing the scope of its rulemaking authority, including new substantive competition rules for the first time in decades. On March 25, 2021, FTC Acting Chairwoman...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Tuesday was yet another banner day on Wall Street, with the S&P 500 and Nasdaq closing at new highs.  Most market watchers think we have the Fed’s recent pivot on interest rates to thank for the continuing bull market...more

Ballard Spahr LLP

Supreme Court Upholds FCC's Authority To Impose Time Limitations on Land Use Approvals for Wireless Facilities

Ballard Spahr LLP on

Last month, the U.S. Supreme Court ruled in a 6-3 decision that the Federal Communications Commission (FCC) had authority under the Telecommunications Act of 1996 to impose time limits for state and local governments to act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Supreme Court Rules that the Fox Can Guard the Henhouse (Because the Fox Told Them He Can)

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Supreme Court of the United States has allowed federal agencies to interpret ambiguities in their implementing statutes and directed courts to defer to agency expertise when deciding cases. (Who, after all, knows a...more

Foley Hoag LLP - Environmental Law

City of Arlington v. FCC: Did the Supreme Court Just Expand the Scope of Chevron Deference? No.

Foley Hoag LLP - Environmental Law on

On Monday, in City of Arlington v. FCC, the Supreme Court made clear that agency interpretations of ambiguous statutes are entitled to deference even where they involve questions relating to the scope of an agency’s authority...more

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