The Supreme Court failed to clarify a key aspect of fraud claims in Lorenzo v. SEC.
The Supreme Court preserved agency deference in Kisor v. Wilkie.
Commentators highlight the ramifications of the Court’s most significant regulatory cases.
Precise statutory language corresponds to better benefit-cost analysis and more consistent judicial review.
The Supreme Court’s most recent term suggests that some justices would revise the doctrine of Chevron deference.
The U.S. Supreme Court will soon decide a case involving the interpretation of a key civil litigation treaty.
Case presents opportunity for Court to consider deference to agencies’ interpretations of regulations.
The Department of Labor issued guidance defining “joint employers.”
Recent cases and proposed legislation reveal decreasing deference to agencies’ interpretation of their own regulations.
When it comes to rulemaking, “It should no longer be sufficient for agency decision makers to assume that the only hurdle they have to meet is simply not being ‘clearly wrong.'”
“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.'”