Chevron Deference

Catskill Mountains: A Spotlight On The Problem of Judicial Acquiescence To Agency Statutory Interpretations, and the Chevron-State Farm Solution

December 4, 2017

Overview Chevron — the stalwart doctrine of administrative deference — is under political, judicial, and academic attack. Our newest Justice, Neil Gorsuch, has denounced Chevron as “a judge-made doctrine for the abdication of the judicial duty.” Chief among his complaints is that Chevron deference enables an agency to “reverse its current view 180 degrees anytime…

The Deregulatory Moment and the Clean Power Plan Repeal

November 30, 2017

We are currently in the midst of the most important deregulatory moment in the United States since the beginning of Ronald Reagan’s presidency in 1981 — perhaps since the dawn of the administrative state. President Donald Trump has issued a series of Executive Orders directing agencies to explore opportunities to reduce regulatory burdens, including Executive…

Digital Realty Trust v. Somers: Hasn't Chevron Deference Gone Too Far?

October 17, 2017

In the high-flying corporate world, employees from time to time suspect that a colleague or boss may be violating federal securities laws. But they may shy away from reporting these violations — from “blowing the whistle” — either to the employer or relevant authorities, because of a risk of retaliation. When Congress passed the Dodd-Frank…