Law

New Jersey's Experience Shows That 'Chevron' Deference Not Essential to the Administrative State

Without more, we are as yet unprepared to join those who believe that the overruling of "Chevron" in and of itself will result in the disassembly of modern administrative regulatory programs. In Loper ...
JD Supra

[Webinar] The Future of Chevron Deference and Administrative Law

On the surface, a dispute over whether small fishing businesses should be required to pay for onboard monitors to observe their catch would not appear to be a potential game-changer for administrative ...
JD Supra

Marbury v. Chevron: The Ohio Constitution’s Separation of Powers Restricts Deference to Administrative Interpretations of Law

Marbury v. Madison established that “[i]t is emphatically the province and duty of the judicial department to say what the law is.” Fast forward 163 years, and section 706 of the Administrative ...
Reuters

Explainer: What is Chevron deference and why did the Supreme Court overturn it?

WASHINGTON, June 28 (Reuters) - The U.S. Supreme Court decided on Friday to overturn a 40-year-old legal doctrine used by the federal government to defend some of its regulatory actions in court. The ...
The Verge

What SCOTUS just did to broadband, the right to repair, the environment, and more

Posts from this topic will be added to your daily email digest and your homepage feed. By overturning Chevron, the Supreme Court has declared war on an administrative state that touches everything ...
Orange County Register

Excessive judicial deference gives administrative agencies a license to rewrite the law in their favor

In two cases the Supreme Court is considering, herring fishermen in New Jersey and Rhode Island are challenging regulatory fees they say were never authorized by Congress. Critics of those lawsuits ...
The Daily Signal

Supreme Court Charts New Course in Sea Change for Administrative Law

Jack Fitzhenry is a legal fellow in The Heritage Foundation's Meese Center for Legal and Judicial Studies. Follow him on X at @Jfitzy_jd. GianCarlo Canaparo is a legal fellow in the Edwin Meese III ...
Washington Examiner

What the downfall of Chevron deference would mean for energy and climate regulations

The future of the administrative state hangs in the balance. Supreme Court justices will soon decide in a pair of cases whether to reverse a decades-old precedent known as the Chevron deference that ...
The Daily Signal

Chevron Deference, Long Abused by Federal Agencies, on Supreme Court’s Chopping Block?

GianCarlo Canaparo is a legal fellow in the Edwin Meese III Center for Legal and Judicial Studies at The Heritage Foundation. Jack Fitzhenry is a legal fellow in The Heritage Foundation's Meese Center ...
The Hill

Reforming the administrative state doesn’t require a new law

For decades there have been concerns about the federal government’s growing power, size and cost. But nothing has been done to address it. It just expands. Why? Is it an uncontrollable deep state, an ...
Law

New Jersey’s Experience Shows That 'Chevron' Deference Not Essential to the Administrative State

The U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has unsettled modern foundations of administrative law by overturning its own decision of 40 years ago in Chevron U.S.A. v. Natural ...