A New Era of Deference: From Chevron to Loper Bright

Authors

Daniel E. Walters, Texas A&M University School of LawFollow

Document Type

Article

Publication Date

10-2024

Journal Title

CPI Antitrust Chronicle

Abstract

Deference to administrative agencies’ interpretations of ambiguous statutory provisions has been a hallmark of administrative law and regulatory policy for the past forty years. The Supreme Court recently upended that settled allocation of power between agencies and courts, granting interpretive primacy to courts even where statutes essentially require policy choices. However, questions remain about precisely how courts will exercise this policymaking authority that agencies used to exercise, as well as about the multiple “offramps” from this nondeferential standard that the Court left open. Rather than a new era of nondeference, it is just as likely we are embarking on a new era of deference — different in some respects from the regime that preceded it, but still ultimately respectful of agencies’ superior ability to responsibly and legitimately develop policy.

First Page

1

Last Page

10

Volume Number

1

Publisher

Competition Policy International

Recommended Citation

Daniel E. Walters, A New Era of Deference: From Chevron to Loper Bright, 1 CPI Antitrust Chronicle 1 (2024).
Available at: https://scholarship.law.tamu.edu/facscholar/2149

File Type

PDF