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Auer Deference

Holland & Knight LLP

The Impact of Chevron Reversal on Government Contracting

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The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo upended decades of precedent that required courts to defer to agencies' interpretations of statutes. This, known as the Chevron doctrine, allowed for...more

Venable LLP

What Banks Need to Know Post-Chevron

Venable LLP on

As we covered in our first alert, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. and abandoned the Chevron doctrine, which previously...more

BakerHostetler

Supreme Court Overrules ‘Chevron’ Deference to Agencies

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Note from your Adventures In Law Blog editors: Well, just today the Supreme Court overruled the Chevron case in Loper Bright, which provided deference to agency interpretations of ambiguous law in the statutes they...more

Holland & Knight LLP

U.S. Supreme Court May Soon Discard or Modify Chevron Deference

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. Under the doctrine, named for the 1984...more

Paul Hastings LLP

The Impact of United States v. Banks on Securities and Commodities Fraud Sentencing

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The U.S. Sentencing Guidelines (“Guidelines”) provide federal courts with a framework for sentencing criminal defendants based on the seriousness of the offense and the defendant’s criminal history. While the Guidelines are...more

Dechert LLP

Third Circuit Rejects Use Of “Intended Loss” as Enhancement Under U.S. Sentencing Guidelines

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The Third Circuit Court of Appeals ruled yesterday in United States v. Banks1 that under the U.S. Sentencing Guidelines, “loss” means only actual loss and not intended loss. Although the term “loss” is not explicitly...more

McDermott Will & Emery

Eighth Circuit Holds the Mayo in Tax Regulation Invalidity Case

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In the latest tax regulation deference case, the Eighth Circuit provided guidance to taxpayers and tax practitioners on the “analytical path” to resolve the question of whether a tax regulation is a valid interpretation of...more

TNG Consulting

Campuses and the Courts: John Doe v. Rensselaer Polytechnic Institute

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JOHN DOE V. RENSSELAER POLYTECHNIC INSTITUTE (RPI) U.S. DIST. CT., N DIST. NY (OCTOBER 10,2020) - PROCEDURAL HISTORY: The trial court granted a motion for a temporary restraining order by Plaintiff Doe to halt an...more

Akin Gump Strauss Hauer & Feld LLP

Courts Not Hesitating to Reject Federal Agencies’ Faulty Regulatory Interpretations Since Kisor v. Wilkie

- Federal agencies’ regulatory interpretations falling short of the standards laid out in Kisor are not surviving judicial review. - Courts are closely scrutinizing regulations to determine if they are genuinely...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals From The PTAB: Summaries of Key 2019 Decisions: Kisor v. Wilkie, 588 U.S. __, 139 S. Ct. 2400 (2019)

James Kisor, a Korean War Veteran, asked the Supreme Court to overrule a longstanding presumption that courts defer to an executive agency’s reasonable interpretation of its own regulation, a principle known as Auer...more

(ACOEL) | American College of Environmental...

Kisor Helps Auer Find Its Way Back To Seminole Rock

Shortly before the new year, when the holidays were in full swing, Kisor v. Wilkie celebrated its half-birthday.  That was quick.  Just six months ago – when short winter days were long summer nights, when peppermint mochas...more

Dechert LLP

National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions

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In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more

Foley Hoag LLP - Environmental Law

DOE Must Promulgate Energy Efficiency Standards Finalized By the Obama Administration

Last week, the 9th Circuit Court of Appeals affirmed a District Court ruling requiring the Department of Energy to publish in the Federal Register four rules finalized by the Obama administration, but not previously...more

King & Spalding

Taking Cues from Justice Department, New Executive Orders Limit Agency Use of Guidance to Establish and Enforce Regulatory Policy

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On October 9, 2019, President Trump signed two executive orders: Promoting the Rule of Law Through Improved Agency Guidance (Executive Order 13891) (the “Guidance Executive Order”) and Promoting the Rule of Law Through...more

Eversheds Sutherland (US) LLP

Kisor v. Wilkie and judicial deference to agency determinations—Are there implications for employee benefits litigation and the...

In June 2019, a unanimous Supreme Court in Kisor v. Wilkie retained but limited the scope of Auer deference – the court-created doctrine that courts should defer to an agency’s interpretation of its own regulations or other...more

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

The Practical NLRB Advisor - Summer 2019

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the summer 2019 issue of the Practical NLRB Advisor. This edition examines the National Labor Relations Board’s (NLRB) new...more

(ACOEL) | American College of Environmental...

The Supreme Court’s Most Important Environmental Law Decision in 35 Years

As our esteemed colleague John Cruden is fond of saying, administrative law is a subset of environmental law.  My vote for the most important Supreme Court environmental law decision in 35 years goes to the administrative law...more

White & Case LLP

Kisor Deference: The New Judicially-Driven Auer Deference

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A divided Supreme Court changed the landscape of administrative law in a recent decision, Kisor v. Wilkie. In Kisor, a slim majority declined to overrule Bowles v. Seminole Rock & Sand Co., Auer v. Robbins and related cases,...more

Jackson Lewis P.C.

What Supreme Court On Deference To Agency Interpretations May Mean

Jackson Lewis P.C. on

Courts’ deference to agency interpretations of their own statutes and regulations has been a mainstay of administrative law. The Chevron Doctrine has since 1984 provided that courts should put a “thumb-on-the-scales in favor...more

King & Spalding

United States Supreme Court Limits Deference Standard in Kisor v. Wilkie Decision

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On June 26, 2019, the United States Supreme Court issued its decision in Kisor v. Wilkie. After hearing oral arguments in March, the Court considered whether to overrule the Auer deference standard, the long-standing doctrine...more

K&L Gates LLP

Declining to Overrule a Long-Standing Agency Deference Doctrine, the Supreme Court Nonetheless Cautions That its Limitations...

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Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses, consumers, environmental and labor groups, and others have challenged these...more

Amundsen Davis LLC

United States Supreme Court Confirms And Limits Court’s Deference To Agency Guidance

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On June 26, 2019, the U.S. Supreme Court confirmed the continued viability of Auer deference, an interpretive doctrine that requires courts to defer to an agency’s reasonable reading of a genuinely ambiguous regulation. In...more

Holland & Knight LLP

Food and Beverage Law Update: July 2019

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Wage and Hour - 80/20 Rule Still Followed in Some Parts - The U.S. Department of Labor (DOL) issued guidance doing away with the so-called "80/20 rule" in November 2018. District courts have greeted the new guidance...more

BCLP

U.S. Supreme Court Limits Judicial Deference To Administrative Agency Interpretation of Their Own Ambiguous Rules

BCLP on

On June 26, 2019, the United States Supreme Court declined to overturn the Auer doctrine, leaving in place, for now, judicial deference to an agency’s interpretation of its own regulations. Kisor v. Wilkie, 2019 WL 2605554,...more

Akin Gump Strauss Hauer & Feld LLP

Interpretation of International Trade Regulations to Come Under Greater Scrutiny

Several federal agencies—including most notably the U.S. Department of Commerce, U.S. Customs and Border Protection, the U.S. International Trade Commission and the U.S. Trade Representative—administer an ever-expanding body...more

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