Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
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
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
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
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
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
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
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
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
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
On June 26, 2019, in Kisor v. Wilkie, the Supreme Court of the United States declined to overrule its prior decisions in Auer v. Robbins, 519 U.S. 452 (1997) and Bowles v. Seminole Rock & Sand Co., 325 U.S. 410 (1945). These...more
As noted in this PubCo post, SCOTUS recently heard oral argument in Kisor v. Wilkie, a case involving the interpretation of a regulation issued by the Department of Veteran’s Affairs. In Kisor, a Vietnam vet, suffering from...more
The Supreme Court decided Monday that it will review whether to keep or scrap its standard for reviewing interpretations by federal agencies of their own regulations. The Court's decision could have significant implications...more
As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more
When EPA approved total maximum daily loads for the Charles River, but failed to require NPDES permits for persons discharging stormwater to the Charles, CLF sued. CLF alleged that EPA violated a non-discretionary duty when...more
With Washington undergoing a transformation the likes of which has not been seen in decades, House Judiciary Committee Chairman Bob Goodlatte recently outlined his committee’s priorities for the 115th Congress. Speaking at an...more
During its first month in session, Congress has proposed several pieces of legislation designed to reverse the dramatic shift in power over the last 50 years from Congress to the Executive. The Regulatory Accountability Act...more
Since its creation in 2011, the Consumer Financial Protection Bureau (“CFPB”) has exercised its broad authority to regulate a wide swath of the consumer financial services industry. While the CFPB has the authority to engage...more