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The Latest Breaking News from Loper Bright Enterprises

Is There Actually an Error in the Supreme Court's Analysis in Loper Bright?

Did the Administrative Procedure Act apply in Chevron v. NRDC?

Reason

Trump's EPA rollback meets resistance

EPA says it can’t regulate greenhouse gases — NRDC, Earth Justice and 24 Democratic-majority states beg to differ

Salon

"The Central Principle of Judicial Review in NEPA Cases Is Deference"

Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.

Reason

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What VanDerStok Says about Agency Interpretations of Statutes

The Court's opinion upholding federal regulation of "ghost guns" makes passing reference to Loper Bright Enterprises.

Reason

The DOGE Daze of Regulatory Reform

Why Elon Musk and Vivek Ramaswamy are overestimating the extent to which the administrative state can be brought to heel through Presidential fiat.

Reason

Justice Kavanaugh Warns Against Over-Reading Loper Bright Decision

The Court's decision to overturn Chevron should be seen as more of a "course correction" than a revolution. (Updated with Video.)

Reason

And Don't Call It Loper

The name of the company is Loper Bright Enterprises.

Reason

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Understanding Chevron's Death

Today the Supreme Court ruled, 6-3*, to overrule the doctrine of "Chevron" deference to agencies in Loper Bright Enterprises, consolidated with Relentless Inc. The bottom line should be unsurprising to anybody who had been following the arguments or the Court's treatment of Chevron over the past decade. The only thing…

Reason

The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power

Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.

Reason

Prof. Thomas Merrill on "Does Chevron Mandate Brand X?"

I'm delighted to pass along this item from Prof. Thomas Merrill (Columbia), whom readers might remember as a guest-blogger from a couple of years ago, and who is the author of The Chevron Doctrine: Its Rise, and Fall, and the Future of the Administrative State (2022): In Loper Bright Enterprises…

Reason

SCOTUS looks at Chevron—but what exactly does that mean?

Welcome to the Tuesday, January 30, Brew.

Ballotpedia

SCOTUS hears oral argument in challenge to Chevron deference

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Ballotpedia

SCOTUS hears oral argument in challenge to Chevron deference

The United States Supreme Court on January 17, 2024, heard oral argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—two consolidated cases challenging an agency’s interpretation of a federal fishery law that could affect future applications of Chevron deference by the federal courts.

Ballotpedia

A Supreme Court ruling on fishing for herring could sharply curb federal regulatory power

Fisheries regulation might seem to be unusual grounds for the U.S. Supreme Court to shift power away from federal agencies. But that is what the court seems poised to do in the combined cases of Loper Bright Enterprises vs. Raimondo and Relentless Inc. vs. Department of Commerce. The cases are…

The Conversation

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Ballotpedia

SCOTUS takes up second Chevron case, bump stock ban challenge

Ballotpedia

SCOTUS takes up Chevron

Ballotpedia

Pennsylvania Democrats, Republicans to pick state supreme court nominees on May 16

Welcome to the Monday, May 8, Brew.

Ballotpedia

SCOTUS to hear case challenging Chevron deference

The U.S. Supreme Court on May 1, 2023, agreed to hear Loper Bright Enterprises v. Raimondo—a case that could curb or clarify future applications of Chevron deference by the federal courts.

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The Independent UK

Supreme Court to decide important case on government power

The Supreme Court says it will decide whether or not to overrule a decades-old decision that has been a frequent target of conservatives and, if overruled, could make it harder to sustain governmental regulations

Roll Call

Supreme Court to decide major case on federal rule-making power - Roll Call

The Supreme Court will decide a challenge over how courts assess federal rule-making, setting up a major case on executive agency power.

People

Ketanji Brown Jackson

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Food and Drug Administration

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