Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
Federal administrative law is largely about policing delegations of power from Congress to Executive Branch agencies, and the administrative law concept of “deference” is about delegation of interpretative power over...more
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
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
This month, the U.S. Supreme Court heard argument in a pair of cases that have the potential to profoundly alter the landscape of technology regulation in the United States: Loper Bright Enterprises v. Raimondo and...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
Seyfarth Synopsis: Two new Executive Orders and a corresponding decision in the Supreme Court effectively limit how agencies can utilize guidance against private parties—the agency must rely only on guidance that is fully...more