Judge Kavanaugh’s views on Chevron may create more uncertainty than exists under the current doctrine.
Judge Kavanaugh’s past opinions reveal a commitment to clarifying deference rules and increasing predictability.
If confirmed, Judge Kavanaugh would likely support narrowing Chevron’s scope.
What would Judge Kavanaugh’s confirmation mean for the U.S. Supreme Court’s administrative law decisions?
The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.
Scholar evaluates arguments for scaling back deference doctrines in light of renewed interest in reform.
Recent cases and proposed legislation reveal decreasing deference to agencies’ interpretation of their own regulations.
Electricity regulator wants strong incentive to conserve, but one business group says the government is overreaching.
“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.”
“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.'”
It is time to reconsider the extent to which we apply Chevron.
The Regulatory Review proudly features the remarks of Ann R. Klee, keynote speaker at the Penn Program on Regulation’s annual dinner.