The Supreme Court, in an 8 to 0 decision, held that the D.C. Circuit failed to afford the U.S. Surface Transportation Board (the “STB”) the substantial judicial deference required in NEPA cases. The ...
On June 28, 2024, the U.S. Supreme Court sent shockwaves across the administrative law landscape when it handed down Loper Bright Enterprises v. Raimondo, overruling the 40-year-old Chevron doctrine ...
Forbes contributors publish independent expert analyses and insights. James Broughel is an economist focused on the economics of regulation. Recent Supreme Court decisions in Loper Bright v. Raimondo ...
Industry groups are urging a federal appellate court to uphold a ruling for judicial deference to a plan administrator in interpreting a plan under ERISA. The case before the 2nd U.S. Circuit Court of ...
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 ...
The Supreme Court eliminated so-called “Chevron deference” more than a year ago. Hatched from the 1984 Chevron v. Natural Resources Defense Council ruling, the doctrine held that courts should defer ...
Last year, when the Supreme Court stripped the judicial deference granted to federal agencies to make decisions about implementing congressional statutes, many feared that judges would become the only ...
On June 28, the U.S. Supreme Court issued its highly anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine. Foreshadowed by decisions in recent years criticizing Chevron ...
The Supreme Court narrowed federal judicial scrutiny of environmental reviews by federal agencies, ruling Thursday that courts should defer to agency decisions about the scope and content of ...
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