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Courts should be vigilant about ensuring that the government does not just smuggle Chevron deference back into administrative law for a substantial subset of regulatory cases. If early post-Loper ...
The decision articulated a doctrine known as "Chevron deference". [2] Chevron deference consisted of a two-part test that was deferential to government agencies: first, whether Congress has spoken directly to the precise issue at question, and second, "whether the agency's answer is based on a permissible construction of the statute".
United States v. Mead Corp., 533 U.S. 218 (2001), is a case decided by the United States Supreme Court that addressed the issue of when Chevron deference should be applied. In an 8–1 majority decision, the Court determined that Chevron deference applies when Congress delegated authority to the agency generally to make rules carrying the force ...
National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), was a United States Supreme Court case in which the court held that decisions by the Federal Communications Commission (FCC) on how to regulate Internet service providers are eligible for Chevron deference, in which the judiciary defers to an administrative agency's expertise under its governing ...
The Chevron Deference (CD), a doctrine of judicial deference, has been a cornerstone of administrative law since its inception in 1984. It compels federal courts to defer to a federal agency’s ...
The court's 6-3 ruling on Friday overturned a 1984 decision colloquially known as Chevron that has instructed lower courts to defer to federal agencies when laws passed by Congress are not crystal ...
The case expands Chevron deference by giving the agency the highest deference. In Chevron, there was a two-step standard of review. The Chevron standard dealt with "a formal rationale for judicial deference to an agency's interpretation of a statute." Auer did not adopt the two-step process for review in Chevron but a single level standard of ...
Chevron deference was very much a product of its time, Sunstein noted. In the 1960s and 1970s, “federal courts had been aggressively reviewing agency action (and inaction), often with the goal ...