MVA Attorneys Co-author Reuters and Westlaw Today article: 'The court giveth, and the court taketh away': the epitaph of the Chevron doctrine
Moore & Van Allen (MVA) Litigation Associate Pierce Werner, Head of Environmental Mary Katherine Stukes, and Litigation Associate Chassity Bobbitt co-authored the article, “'The court giveth, and the court taketh away': the epitaph of the Chevron doctrine” which was published by Reuters and Westlaw Today on August 8.
The article
Forty years ago, legal conservatives lauded a decision by the Supreme Court upholding an interpretation of the federal Clean Air Act by then-President Reagan's Environmental Protection Agency that significantly eased regulation of air emissions from "stationary sources."
The Court articulated what seemed at the time to be an uncontroversial legal principle: When Congress has given an agency authority to administer a statute, in cases of ambiguity or silence, courts should presume that Congress implicitly delegated a limited interpretive authority to the agency to act within that delegation to fill in the gaps reasonably permitted by the statutory text.
Please click here to view the complete article.