administrative state

Explore the intricacies of the administrative state, where government agencies wield significant regulatory power over various aspects of public life. Visitors will find a wealth of resources, including insightful articles, video interviews with legal experts, and clear definitions of key terms that illuminate the role of administrative law in governance. Stay informed about the evolving landscape of administrative regulations and their impact on citizens and businesses alike.

How Nondelegation Doctrine Shapes Federal Agency Authority in Law

Understanding the Nondelegation Doctrine: Impacts on Federal Agency Power

Administrative Law, Constitutional Law, Federal Law, Government Relations, Regulatory Compliance /

The nondelegation doctrine limits federal agency power by barring Congress from transferring its lawmaking authority without clear standards, and it was enforced in 1935 in two Supreme Court cases. Since then, courts have mostly upheld delegations under the “intelligible principle” test, though recent opinions suggest renewed scrutiny. This article explains the doctrine’s history, modern signals […]

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Judicial Review of Agency Judgments

How Much Deference Do Courts Give to Agency Decisions Under This Standard?

Administrative Law, Constitutional Law, Federal Law, Government Relations, Judicial Misconduct, Legal Commentary, Legal Procedures, Legal Resolution, Regulatory Compliance, Trial Procedures /

After Loper Bright (2024), courts give agencies 0 binding Chevron deference when interpreting ambiguous statutes. Judges apply independent judgment, giving only Skidmore-style respect based on an agency’s reasoning, consistency, and expertise. This article explains how that standard works and what it means for litigating agency actions. The question of how much deference courts give to

How Much Deference Do Courts Give to Agency Decisions Under This Standard? Read More »

Rethinking Chevron: New Legal Standards in Debate

What impact does overturning Chevron have on the arbitrary and capricious standard?

Administrative Law, Constitutional Law, Federal Law, Government Relations, Legal Advice and Consultation, Legal Commentary, Legal Procedures, Legal Resolution, Regulatory Compliance, Supreme Court Decisions /

Overturning Chevron reduces judicial deference to agencies, so courts are more likely to find actions arbitrary and capricious under APA §706(2)(A) without relying on agency statutory interpretations. Agencies must better justify both their legal authority and factual reasoning in records and explanations. This article explains the new review framework and practical effects across major regulatory

What impact does overturning Chevron have on the arbitrary and capricious standard? Read More »

SCOTUS Decision Affects Federal Agencies

What are the implications of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo for federal agencies?

Administrative Law, Constitutional Law, Environmental Law, Federal Law, Government Relations, Labor/Employment/Pension, Legal Commentary, Legal Procedures, Regulatory Compliance, Supreme Court Decisions /

In Loper Bright Enterprises v. Raimondo, the Supreme Court ended Chevron deference, requiring federal courts to use independent judgment when interpreting ambiguous statutes. This shifts power from agencies to judges and increases uncertainty and litigation risk for regulations. This article explains what changes for agency rulemaking, enforcement actions, and pending challenges. The Supreme Court’s decision

What are the implications of the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo for federal agencies? Read More »

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