By Andrew H. Perellis, Joshua M. Henderson, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Supreme Court upheld this week a key component of administrative law that tells judges to defer to an executive agency’s interpretation of its own ambiguous regulation. Kisor v. Secretary of Veterans Affairs, No. 18-15 (US June 26,
Continue Reading Supreme Court Upholds “Auer” Doctrine of Deferring to Agency’s Interpretation of its Own Ambiguous Regulation, While Imposing Limitations of When Deference is Triggered
Seyfarth Synopsis: With a dramatic change from a progressive democratic to a conservative republican administration, we anticipate that EPA is not only likely to pivot away from an enforcement heavy to a more business friendly agenda, it is also likely to abandon many of the previous 