This week, we’re delving into the U.S. Supreme Court’s recent overturning of the Chevron doctrine and how this landmark decision is opening the floodgates for challenges against federal agencies.
Chevron Deference
For decades, courts have relied on the Chevron doctrine, deferring to agency subject-matter expertise when interpreting ambiguous legislation. That ended with the Supreme Court’s recent Loper Bright v. Raimondo decision. More info: www.management...
Federal Agency Authority
The Loper Bright decision will provide an opportunity for employers and others to challenge agency interpretations and authority in the future. While this ruling is a major development, it is part of a broader shift in views on agency deference that we were already seeing in the courts. More on recent agency challenges: www.ebglaw.com...
D.C. Circuit Continues Deference
On the other hand, the U.S. Court of Appeals for the District of Columbia Circuit signaled the complexity of the current situation when it upheld a National Labor Relations Board ruling against the Hospital de la Concepción after the Loper Bright decision was handed down. Thus, it is clear that the courts are grappling with when and to what degree they should defer to federal agencies’ interpretation and application of statutes.
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11 сен 2024
