Kenneth Warren of Warren Environmental Counsel. Courtesy photo The 'Chevron' Doctrine in Peril: A Closer Look at 'Loper'
In this Supreme Court term, however, Loper Bright Enterprises v. Raimondo, presents the question of whether Chevron should be overruled or limited. Because in prior cases several members of the court have questioned whether judicial deference to administrative agencies is appropriate, Chevron's continued viability is in doubt.
October 05, 2023 at 11:56 AM
8 minute read
In Chevron U.S.A. v. NRDC, the U.S. Supreme Court upheld the Environmental Protection Agency's (EPA) regulatory definition of "stationary source" as a reasonable construction of the Clean Air Act. Although important for administering the statute, the precedential reach of Chevron was far broader.
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