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17 Mar 2020, 7:00 am by Andrew Hamm
Chenery Corp., the regulation may be upheld on a rationale that the agency never advanced during rulemaking; and (3) whether a procedurally defective regulation may be upheld under Chevron, U.S.A., Inc. v. [read post]
28 Feb 2020, 6:55 am by John Elwood
More noteworthy still, he also wrote that the fountainhead of modern administrative law — Chevron U.S.A. [read post]
7 Feb 2020, 11:30 am by John Elwood
John Elwood briefly reviews the likely relists. [read post]
6 Feb 2020, 11:07 am by Andrew Hamm
Barr 19-282Issues: (1) Whether an agency exercising its policy-making authority under Chevron U.S.A. v. [read post]
22 Jan 2020, 7:40 am by John Elwood
Bureau of Alcohol, Tobacco, Firearms and Explosives, 19-296Issues: (1) Whether deference under Chevron U.S.A. v. [read post]
14 Jan 2020, 9:07 am by John Elwood
Interested in overruling Chevron U.S.A. v. [read post]
19 Dec 2019, 9:01 pm by Rodger Citron
”Administrative Law & Civil ProcedureStevens is the author of the paradigmatic administrative law case, Chevron U.S.A. [read post]
4 Nov 2019, 10:50 am by Phil Dixon
Post-Release Supervision and Parole Commission’s supervision agreement was not entitled to Chevron deference over statutory search conditions; (2) Supervision agreement did not modify statutory conditions of supervision and the statutory terms controlled; (3) Search was reasonably related to purposes of supervision; and (4) No individualized suspicion was required because supervision search was justified by special needs doctrine U.S. v. [read post]
28 Oct 2019, 6:54 am by Jayesh Rathod
Initially, Barton had teed up the question of whether the decisions of the Board of Immigration Appeals in his case and in Matter of Jurado-Delgado, which examined a related question, were entitled to Chevron deference – the notion that, under the 1984 Supreme Court decision in Chevron U.S.A., Inc. v. [read post]
20 Oct 2019, 9:05 pm by Randolph J. May
Under the Supreme Court’s 1984 decision in Chevron U.S.A., Inc. v. [read post]
18 Sep 2019, 2:53 pm by Dennis Crouch
“The POP’s interpretations of the Leahy-Smith America Invents Act (AIA) qualify for deference under Chevron U.S.A. v. [read post]
11 Aug 2019, 7:13 am by Charles (Chuck) Rubin
(emphasis added)The District Court ruled that the primary function and incidental activities requirements imposed by the regulation were not a valid exercise of regulatory authority and were thus not valid requirements in determining what organizations are described in Code § 170(b)(1)(A)(ii).Before overriding the regulation, the District Court first had to determine that it had authority to do so under the Chevron deference doctrine arising under Chevron U.S.A.,… [read post]
27 Jun 2019, 11:19 am by Corbin K. Barthold and Cory L. Andrews
” The implication is clear: The fight over Auer deference toward ambiguous regulations may be lost; but a fight over deference under Chevron U.S.A. v. [read post]