Justice Stevens’s majority opinion in Chevron v. NRDC has become one of the most hotly debated topics in administrative law. With the “Chevron Doctrine” dividing scholars and pundits along uncommon ideological lines, the history of Chevron’s growth from a “puny little precedent” into a major landmark decision makes for an intriguing discussion about administrative agencies, judicial deference, and unintended consequences.
What happened in Chevron v. NRDC? Should courts defer to administrative agencies’ reasonable interpretations of their own rules—especially when the statutes authorizing those rules are ambiguous? Is Chevron the ultimate legal example of “be careful what you wish for”?
Five administrative law experts discuss these topics and more in “Chevron: Accidental Landmark,” a documentary short from FedSoc Films.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
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Experts (in order of appearance):
Prof. Thomas W. Merrill, Columbia Law School
Learn more: https://www.law.columbia.edu/faculty/thomas-merrill
Hon. C. Boyden Gray, Boyden Gray & Associates
Learn more: https://boydengrayassociates.com/c-boyden-gray/
Mr. David Doniger, Natural Resources Defense Council
Learn more: https://www.nrdc.org/experts/david-doniger
Prof. Kristin E. Hickman, University of Minnesota Law School
Learn more: https://www.law.umn.edu/profiles/kristin-hickman
Prof. Christopher J. Walker, The Ohio State University, Moritz College of Law
Learn more: https://moritzlaw.osu.edu/faculty/christopher-j-walker/
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Differing Views & Related Links:
Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc.
The Story of Chevron: The Making of an Accidental Landmark
Judicial Deference to Administrative Interpretations of Law
Chevron and Political Accountability
Is Administrative Law Unlawful?
The New Chevron Skeptics
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
Chevron's Foundation: Congressional Delegation of Interpretive Primacy