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Supreme Court of the United States › Statutory Interpretation › Chevron Deference

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 -
Kilpatrick

4 Key Takeaways | The Top 10 Sales and Tax and Income Tax Cases

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Kilpatrick’s David Hughes recently participated in a panel titled - “The Top 10 Sales Tax and Income Tax Cases” - at the Council on State Taxation (COST) Annual Spring Meeting in New Orleans. David and his fellow thought...more

Zuckerman Spaeder LLP

Recent Developments in the “Change in the Law” Reason for Compassionate Release

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Over the last several years, thousands of incarcerated individuals have filed motions for compassionate release. As part of the submission process, individuals must outline the “extraordinary and compelling” reasons that...more

Vedder Price

President Trump Issues Executive Action Directing the Repeal of Unlawful Regulations

Vedder Price on

On April 9, 2025, President Trump issued a presidential memorandum (the order) directing the heads of all Federal agencies to identify unlawful or potentially unlawful regulations that clearly exceed the agency’s statutory...more

Rumberger | Kirk

High Court Could Further Limit Deference With TCPA Fax Case in Law360

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Are district courts bound by both interpretive and final rules issued by the Federal Communications Commission? The U.S. Supreme Court‘s decision to hear the case of McLaughlin Chiropractic Associates Inc. v. McKesson...more

Carlton Fields

DOL ESG Rule Withstands Demolition of Chevron Deference

Carlton Fields on

In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court knocked down Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., leaving the doctrine of Chevron deference in rubble. The doctrine stated that, when a...more

Foley Hoag LLP - Environmental Law

FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?

Foley Hoag LLP - Environmental Law on

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the...more

Stevens & Lee

Presidential Memorandum Calls for Scrutiny and Fast-Track Repeal of Regulations

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President Trump issued a Memorandum on April 6 directing the heads of all executive departments and agencies to identify on a fast-track basis (60 days) certain categories of “unlawful and potentially unlawful” regulations...more

Eversheds Sutherland (US) LLP

FWS and NOAA propose to narrow reach of Endangered Species Act

Eversheds Sutherland (US) LLP on

On April 17, 2025, the US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration published a notice of proposed rulemaking to rescind the definition of “harm” under the Endangered Species Act...more

Nossaman LLP

Agencies Move to Rescind “Harm” Definition under Endangered Species Act

Nossaman LLP on

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a notice in the Federal Register proposing to rescind the Services’ respective...more

Wiley Rein LLP

Trump Directs Agencies to Quickly Repeal Unlawful Regulations, Without Notice-and-Comment

Wiley Rein LLP on

On April 9, 2025, President Trump signed a Presidential Memorandum (Memorandum) entitled Directing the Repeal of Unlawful Regulations. The Memorandum – part of a broader “Department of Government Efficiency” Deregulatory...more

Bradley Arant Boult Cummings LLP

Still in the Dark After Loper Bright: SCOTUS Declines to Shine a Light on NLRB Deference Post-Chevron

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Last year, the United States Supreme Court’s Loper Bright decision put an end to “Chevron deference,” a judicial practice of deferring to federal agency interpretations of ambiguous statutory language. While the legal...more

Snell & Wilmer

Sixth Circuit Gives Insight on a Post-Chevron World: What the Set Aside of Net Neutrality Tells Us About Scope of Agency Power

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We have previously written about two consolidated cases (Loper Bright and Relentless), in which the Supreme Court reversed a decades-old rule known as the Chevron doctrine. Broadly, the Chevron doctrine required courts to...more

ArentFox Schiff

A Divided SCOTUS Invalidates Common Provisions of Clean Water Act Permits

ArentFox Schiff on

In the US Supreme Court’s first post-Chevron decision involving the US Environmental Protection Agency (EPA) the Supreme Court found against EPA, invalidating ‘end result’ NPDES permit requirements....more

Gerald Nowotny - Law Office of Gerald R....

Old Days – Memories of Equity Split Dollar in the Post-Loper Bright Era

Gerald Nowotny - Law Office of Gerald R.... on

This article focuses on the impact of the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, 603 U.S. (2024) and how it might apply to Split Dollar life insurance and possibly resurrect one of my favorite life...more

Epstein Becker & Green

Textualism Again Comes to the Fore, Albeit with Contradictory Views on the Court - SCOTUS Today

Epstein Becker & Green on

Only a few readers of SCOTUS Today are lawyers who are professionally occupied with environmental matters. However, almost all of my readers are constantly occupied with administrative law matters, governed in the...more

Snell & Wilmer

President Trump Issues Executive Order Addressing Second Amendment Rights

Snell & Wilmer on

On February 7, 2025, President Trump issued an executive order directing the Attorney General to review and propose actions to address the right to keep and bear arms, which he called “an indispensable safeguard of security...more

McGlinchey Stafford

SCOTUS Hears Arguments on Judicial Interpretation of Agency Authority Under the TCPA

McGlinchey Stafford on

On January 21, 2025, the Supreme Court heard oral arguments in McLaughlin Chiropractic Associates, Inc. v. McKesson Corporation, et al., a case and decision that may have an outsized impact on the nature of judicial review of...more

Cozen O'Connor

SCOTUS Poised to Expand District Court Review of FCC Orders

Cozen O'Connor on

Yesterday, the Supreme Court heard oral argument in a case that will likely determine whether a federal district court or the Federal Communications Commission (FCC) has the final say on how to interpret the Telephone...more

Holland & Knight LLP

The Potential Impact of the Loper Bright Decision on the NTSB

Holland & Knight LLP on

The recent U.S. Supreme Court decision in the Loper Bright case stands to have significant ramifications for various federal agencies, including the National Transportation Safety Board (NTSB or Board). The ruling centered...more

Stevens & Lee

U.S. Supreme Court Appears Ready to Tackle a Major Separation of Powers Issue

Stevens & Lee on

This white paper discusses FCC v. Consumers’ Research, a case now set for consideration by the U.S. Supreme Court, along with a review and analysis of the major impact it may have on how and when Congress may permissibly...more

Perkins Coie

Why the FCC’s Net Neutrality Rules Were Struck Down

Perkins Coie on

The decades-long fight over net neutrality appears to be over. In one of the first appellate decisions since the Supreme Court of the United States overturned Chevron deference in Loper Bright Enterprises v. Raimondo...more

Kohrman Jackson & Krantz LLP

Is Your Internet Bill About to Skyrocket While Your Service Gets Worse?

Kohrman Jackson & Krantz LLP on

The Sixth Circuit’s January 2, 2025, decision in Ohio Telecom Association et al. v. Federal Communications Commission et al. may reshape the future of the Internet, delivering a significant blow to the concept of net...more

ArentFox Schiff

ESG Update: Four Reasons Why 2024 Should Be Remembered as ‘Transitional’ but Not ‘Transformational’ in the Environmental and...

ArentFox Schiff on

In the environmental space, 2024 has been a memorable year with regulatory efforts and court decisions touching on every aspect of environmental and energy regulation, capped out by a closely divided election....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

Rothwell, Figg, Ernst & Manbeck, P.C. on

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Epstein Becker & Green

Post-Chevron, Agency Challenges Aren’t Always a Slam Dunk

Epstein Becker & Green on

In its first merits decision this term, the Supreme Court provided a straightforward application of textualism to demonstrate that in cases challenging administrative action under the Administrative Procedure Act (APA),...more

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