University of Austin’s Post

My latest on where the Chevron doctrine is headed - will link in the comments to a related piece giving a deeper blow-by-blow account of the oral arguments https://lnkd.in/erZyE88G

Chevron deference requires Article III courts to defer to an agencies interpretation of a purportedly unclear statute conferring power onto the agency. Chevron rigs the game, in favor of administrative agencies. It requires courts to forfeit their judicial review power, and instead makes administrative agencies the final arbiter of the law. When taken with the inherent bias of administrative adjudication - which allows the agency to serve the prosecutor, and adjudicator - administrative agencies remain essentially unchecked while exercising legislative and judicial power. Neither of which should reside in the Executive Branch. #Chevron #LoperBright #Relentless #AdministrativeLaw

Should the U.S. Court Supreme Court overrule its 1984 decision in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc.? That decision established what became known as “Chevron deference” – which requires courts to accept a federal agency’s interpretation of federal law, but only if indicated by a two-step analysis set forth in the nearly 40-year-old decision. In this blog post for Consumer Finance Monitor, Alan Kaplinsky examines last week’s oral arguments and which Justices appear most inclined to favor overruling, limiting or reaffirming Chevron. Follow this link to read the post: https://bit.ly/491aPZF #SCOTUS #BallardLitigation #BallardBusinessAndTransactions

With the Supreme Court overturning Chevron, State policy for the advancement and build out of clean power will be more important than ever. At the Federal level Congress will need to write legislation that is more detailed, clear and designed to cover future scenarios. This will be hard, but we can and must build diverse local and national coalitions to deliver a better, cleaner and more secure energy future for all Americans.

See the latest analysis of the statute of limitations for APA actions. In light of the demise of Chevron deference, we can certainly expect more litigation related to administrative agency actions. Stay tuned!

ICYMI: Rep. Bob Latta and CRES President Heather Reams break down why judicial reform is the next necessary step for permitting reform. Read more from their recent op-ed in The Hill:

Changes could be afoot: Read our top takeaways from the January 17, 2024 oral arguments for cases Loper Bright and Relentless, through which the Supreme Court will likely invalidate the Chevron deference doctrine or leave it toothless.

SCOTUS is coming in hot this morning!While these decisions are not unexpected, it will be very interesting to see what chaos ensues in the coming months and years as a result of overturning Chevron. #SCOTUS #scotusblog #Chevronoverturned

What SCOTUS just did to broadband, the right to repair, the environment, and more Since the New Deal era, the bulk of the functioning US government is the administrative state — think the acronym soup of agencies like the EPA, FCC, FTC, FDA, and so on. Even when Capitol Hill is not mired in deep dysfunction, the speed at which Congress and the courts operate no longer seems suitable for modern life. Both industry and ordinary people look to the administrative state, rather than legislators, for an immediate answer to their problems. And since 1984, the administrative state largely ran on one Supreme Court precedent: Chevron USA, Inc. v. Natural Resources Defense Council (NRDC). That decision has now been overturned. Admin law is not always interesting, but the simple fact is when it comes to the day-to-day, agencies... Continue reading… https://lnkd.in/gijS5BYt