The distinctions and relationships between the three branches of government—legislative, judicial, and administrative—are not static, but ever-changing, both at the federal and state levels. The separation of powers required...more
Chevron deference has ended, and with it the significant judicial deference to federal agency interpretations of silences or ambiguities in Congressional statutes....more
The final week of June was a big one for those who have been following what seems to be a constriction of federal agency power under Chief Justice Roberts. A decision in Securities and Exchange Commission v. Jarkesy came on...more
In another notable 6-3 decision following the end of Chevron deference, the Supreme Court of the United States on July 1, 2024, reiterated that suits against federal agencies challenging an agency rule begin to accrue when a...more
In its 6-3 opinion on June 28, 2024, the Supreme Court of the United States ended forty years of the federal courts’ near-complete deference to federal administrative agencies in questions of statutory interpretation....more
The pending challenge to federal Chevron deference took its next step forward on January 17, 2024, when the U.S. Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo....more
Chevron deference has been a staple of American federal jurisprudence since its implementation in 1984. The case, Chevron U.S.A., Inc. v. National Resources Defense Council, Inc., 467 U.S. 837, arose from EPA’s adoption of a...more