Randel Johnson, left, of Cornell Law School, and Michael J. Lotito, of Littler, right. Courtesy photos On 'Chevron' Deference and a Path Forward
"If Chevron is overturned or modified in a significant way by the Court, some impacts will be immediate," the writers state. "For one, it will affect current litigation, such as the lawsuits that have been filed to challenge the Department of Labor's independent contractor rule, the Davis-Bacon reform rule, and the ESG investing rule."
March 08, 2024 at 08:00 AM
6 minute read
The U.S. Supreme Court recently heard arguments regarding whether it should reverse or modify the now famous (or infamous) 1984 case of Chevron U.S.A. v. Natural Resources Defense Council. While that case and its numerous progenies over the last 20 years have been subject to many interpretive nuances, at bottom the decision instructed the courts to defer to federal agencies if the enabling statute at issue was ambiguous and the agency's interpretation was reasonable.
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