Deference to Agencies

Endangered Deference

The Supreme Court’s recent Weyerhaeuser decision will add to the administrative costs of protecting endangered species.

A Turning Point in the Deference Wars

The Supreme Court preserved agency deference in Kisor v. Wilkie.

The Ambiguity in Judge Kavanaugh’s Chevron Critique

Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.

Kavanaugh and the Deference Doctrines

Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.

Judge Kavanaugh, Chevron Deference, and the Supreme Court

If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.

Judge Kavanaugh and Administrative Law

What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?

Shunting Aside Chevron Deference

The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.

Scrutinizing Deference to Administrative Agencies

Scholar evaluates arguments for scaling back deference doctrines in light of renewed interest in reform.

Courts Regulating the Regulators

Recent cases and proposed legislation reveal decreasing deference to agencies’ interpretation of their own regulations.

Supreme Court Mulls Price of Not Using Power

Electricity regulator wants strong incentive to conserve, but one business group says the government is overreaching.

Putting Foxes in Charge of Guarding Henhouses

“Chevron deference has created a regulatory landscape where agencies may in some cases do what they want, rather than what the law requires or allows them to do.”

Chevron’s Lack of Statutory Support

“If you had to distill the Chevron doctrine to nine words, I do not think you could do better than: ‘When I am confused, I go with the agency.'”