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Trouble in the Tribunals: Exploring the Effects of Chevron One “Step” at A Time

Widener Law Review
2021, Jamie G. Judefind

Jamie Judefind's Widener Law Review article entitled "Trouble in the Tribunals: Exploring the Effects of Chevron One “Step” at A Time," was cited in an Amicus Brief before the Supreme Court of the United States in support of a Petition for Certiorari in the case Loper Bright Enterprises, Inc., et al., v. Gina Raimondo, Secretary of Commerce, et al.

On May 1, 2023, the Supreme Court granted certiorari and agreed to hear the case to determine whether the Court should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency. If the Supreme Court overturns Chevron (ending deference to a federal agency’s interpretation of an ambiguous statute), there will be significant implications for various industries and areas governed by federal regulations. 

A link to the Brief of Amici Curiae In Support of Petitioners can be found here.

Read the full Widener Law Review article here