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26 Dec, 2008 8:14 am
... of Law) has posted Chevron's Mistake (Duke Law Journal, Forthcoming) on SSRN. Here is the abstract: Chevron U.S.A. Inc. v. Natural Resources Defense Council asks courts to determine whether Congress has delegated to administrative
agencies the ... if an issue is complex and if legislators can monitor subsequent agency interpretations through administrative procedures. Although Chevron recognizes such delegating factors, it fails to sufficiently credit them. Even United States v. Mead Corp., which ...
26 Feb, 2008 12:31 pm
... .S. 230 (2001) (exercise of categorical discretion) and Chevron, U.S.A., Inc. v. NRDC, Inc., 467
U.S. 837, 843 n.9 (1984) (if ... , even if Congress has set out various factors for the BOP to consider in 18 U.S.C. §§ 3621(b)(2)-(4), and seeing that the
statute might be ... the legislative history and says that its reading of the statue comports with it. Further, it then declares that the BOP's reading is reasonable. So, the
First deepens this split. The government raises its normal boilerplate arguments ...
13 Nov 2:23 pm
New on SSRN: "End the Failed Chevron Experiment Now: How Chevron Has Failed and Why it Can and Should
Be Overruled" by Jack Michael Beermann (Boston University). Abstract: In Chevron U.S.A., Inc. v. NRDC, decided in 1984,
the Supreme Court...
23 Jun 9:53 pm
... , so the Western District ordered it to be in default. The first time around, the court denied Chevron's motion for entry of default
judgement with an award of fees and costs because Chevron did not set forth the basis for the award. The second time around, Chevron sought fees as an "exceptional" case under the Lanham Act, which the court granted based on ... s fees under the Lanham Act." The case cite is
Chevron U.S.A., Inc. v. In N Out Minimart on Broadway, Inc., No. 09-18, 2009 WL 1608458 ...
4 Dec, 2007 11:11 pm
... a clear congressional statement, or an unreasonable interpretation. In Terrell, the court rejected the magistrate judge's finding that the word "appear" is ambiguous because
of definitional ambiguity, or conflicting meanings of the word in ... .S.C. § 2241 (2006). 3 18 U.S.C. § 4208(e) (2006). 4 See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, ... not adopted, I will only address them when necessary to make a point. 5
Terrell, 2007 U.S. Dist. LEXIS 72993, *3. 6 Id. 7 Maybe some fanciful ...
31 May, 2007 1:03 pm
... in the US takes its name from the case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467
U.S. 837 (1984) in which the US Supreme Court held it would defer to an administrative agency's interpretation of the statute that grants it powers if that
interpretation is permissible and reasonable. Consequently, the ... the one put forward by the administrative agency. Now look at the Court of First Instance's judgment in Case
T-216/05 Mebrom v. Commission. In that case, Mebrom, a ...
11 Jun, 2007 10:59 am
... the Eleventh Circuit, which vacated the order. The court of appeals reviewed the order under the Chevron deference framework and concluded
that although the FCC is due deference on the construction of ambiguous ... "1. Whether the Eleventh Circuit correctly held, under Step One of the analysis set forth in Chevron U.S.A. Inc. v. Natural Res. Def. Council, ... 467 U.S. 837 (1984), that the FCC erred in ruling that state and
local laws prohibiting line item charges on wireless bills were preempted under ...
2 Oct, 2008 1:53 am
... stated above, the Court concludes that the ESA is "silent or ambiguous with respect to the specific issue" before the Court. Chevron
U.S.A., Inc. v. Natural Resources Defense Council, Inc ... have been working in tandem for years. Finally, the Court agrees with plaintiffs that the
ESA's preference for protecting endangered species counsels strongly in favor of vacating the Final Rule while FWS revisits its statutory interpretation. See NRDC v.
U.S. Dep't of the Interior, 275 F.Supp.2d 1136, 1145 (C ...
14 Oct, 2008 8:48 pm
... Appeals ruled that until a patient is formally admitted to a hospital as an inpatient, the clock does not begin to run on Medicare's three-day hospital stay requirement to
qualify for skilled nursing facility coverage. estate-of-landers-v-leavitt (2nd ... formally admitted. CMS claimed that the statutory definition of "inpatient" was vague, and therefore
its use of the three-midnights rule was entitled to deference under Chevron U.S.A. Inc. v. Natural Resources Defense
Council, Inc., 467 U.S. 837 ( ...
5 Dec, 2008 4:24 pm
New on SSRN: "Chevron's Mistake" by Lisa Schultz Bressman (Vanderbilt). Abstract: Chevron
U.S.A. Inc. v. Natural Resources Defense Council asks courts to determine whether Congress has delegated to administrative agencies the authority to resolve
questions about the meaning of statutes...
19 Mar, 2007 5:23 pm
... and regulators should pay special attention to Wilkie, as it may be as critical is 2005's infamous Kelo decision. The transcript of the oral arguments is posted here. The
Solicitor General' ... officials argued the landowner had other remedies such as objecting to each of the BLM's incursions on his land through the administrative process, Justice
Kennedy retorted, your ... government action (see, e.g., Lingle v. Chevron U.S.A. Inc., 544 U.S. 528
(2005)). Instead, his claims are based on the allegations ...
6 May 10:26 am
... is liable for pollution from a network of oil wells and pipelines built by Texaco Inc., mostly in the 1970s. Chevron acquired Texaco
in 2001. They say Texaco dumped billions of ... waste pits to save money. The case now rests with a judge in Ecuador, who could order Chevron
to pay more than $27 billion in damages as soon as this year. In a May 4 ... whether energy companies planning to build coal-fired power plants across the U.S. had
properly revealed the legal and political risks of those projects. ...
22 Jul, 2008 9:31 am
... Section 2(b)(2), nor did the court give the USPTO's interpretation of that provision the deference required by Chevron
U.S.A., Inc. v. Natural Resources Defense Council, Inc., ... Scalia is cited: More generally, "it is settled law that the rule of deference applies even to
an agency's interpretation of its own statutory authority or jurisdiction." Mississippi Power & Light Co. v. Mississippi ex rel. Moore, 487 U.S. 354, 381 (1998)
(Scalia, J., concurring) (collecting cases). See also http:// ...
21 May 11:44 am
... court. First, she concluded that the state courts had not relied on the defendant's failure as grounds for denying his Batson claim on direct or state habeas review. ...
Sotomayor held that his use of a telephone to arrange the liaisons satisfied the requirement in 18 U.S.C. §§ 371 and 2425 that the sex crime involve use of a "facility ...
moral turpitude was unreasonable and therefore did not warrant Chevron deference. In Empire HealthChoice Assurance, Inc. v. McVeigh ex
rel. Estate of McVeigh, 396 ...
7 Feb, 2007 9:48 pm
... 's Notes -The draft advocates overturning Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998), and allowing aggregate trials in
... 2006 WL 1469348, at *22 (E.D. Tenn. May 25, 2006); In re Chevron Fire Cases, 2005 WL 1077516, at *14-15 (Cal. App. May 6, ... "material
advancement" test raises its head, this time to support "pragmatic" limits on the Seventh Amendment's prohibition against reconsideration. The intent is to reduce this
prohibition to a "historical artifact." §2.11, ...
6 Jan 9:14 am
... case (opinion by Judge Newman) held that it would, while Atlantic Thermoplastics Co., Inc. v. Faytex Corp. (opinion by Judge Rader) held that it did not. (6 ... whether the
Federal Circuit should have accorded Chevron deference to the Commerce Department's construction of 19 U.S.C. § 1673. That
statute allows the Commerce Department ... trade world as dumping - and where the dumping causes or threatens to cause material injury to a U.S. industry. (9) Tafas v.
Dudas: - concerns the appeal of the claims and ...
13 Jul 5:11 am
... giving deference to the Federal Communications Commission (FCC), see Chevron v. Natural Res. Def. Council, Inc., 467
U.S. 837, 843-44 (1984), see Satterfield ... TCPA does not define "call," the FCC "has explicitly stated that the TCPA's prohibition on ATDSs 'encompasses both
voice calls and text calls to wireless ... defendants were "affiliates" of Nextones.com. See Satterfield, at 7344-45. "Thus, [plaintiff's] consent to receive promotional material
by Nextones and its affiliates and brands cannot be ...
8 Apr, 2008 6:45 pm
Yesterday, I provided some highlights about the important case of Curry v. Allan S. Goodman, Inc. (can we all just agree to call it Curry v. Goodman ... First, the Supreme
Court relied in an "agency deference" doctrine, similar to the U.S. Supreme Court's Chevron deference rulings. [T]he
question has been ... reasonable accommodation, including some by "judicial gloss". The Court therefore finds that the CHRO's interpretation is a reasonable one. In upcoming
posts, I'll look at the facts of the case, and ...
23 Jul, 2007 8:34 am
... a full-time job. If you can't handle reading the day's opinions, then quit and become a telephone psychic. Anyway, if you really ... doesn't necessarily refer back to the
IRA, and, therefore, as a matter of pure statutory construction, applying Chevron U.S.A., Inc. v. Natural Res. Def.
Council, ... , however, tossed by the court when it writes, "They do, however, underscore the seriousness of the State's concern about the abrogation of state sovereignty at
stake here." Selya concurs with judge Howard, ...
20 Oct, 2006 1:49 pm
... statute is silent or ambiguous. See Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467
U.S. 837, 842-43 (1984 ... qualify the property for inclusion in the National Register in a manner that would diminish the integrity of the property's location,
design, setting, materials, workmanship, feeling or association. . . . (emphasis added). The FTA ... FAA, 212 F.3d 448, 462 (8thCir. 2000) ("In reviewing an agency's choice among
feasible andprudent alternatives [in its 4(f)(2) analysis], we ...
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