The Federalist Society has produced a cool new documentary on the origins of Chevron deference, with commentary from Tom Merrill (Columbia Law School), C. Boyden Gray (Boyden Gray & Associates), David Doniger (NRDC), Kristin Hickman (University of Minnesota Law School), and me. Here’s the final product:

Here are the details on the project:

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/…

Hon. C. Boyden Gray, Boyden Gray & Associates Learn more: https://boydengrayassociates.com/c-bo…

Mr. David Doniger, Natural Resources Defense Council Learn more: https://www.nrdc.org/experts/david-do…

Prof. Kristin E. Hickman, University of Minnesota Law School Learn more: https://www.law.umn.edu/profiles/kris…

Prof. Christopher J. Walker, The Ohio State University, Moritz College of Law Learn more: https://moritzlaw.osu.edu/faculty/chr…

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Differing Views & Related Links:

Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. https://www.oyez.org/cases/1983/82-1005

The Story of Chevron: The Making of an Accidental Landmark https://scholarship.law.columbia.edu/…

Chevron’s Inevitability https://www.gwlr.org/wp-content/uploa…

Judicial Deference to Administrative Interpretations of Law https://scholarship.law.duke.edu/cgi/…

Chevron and Political Accountability https://yalejreg.wpengine.com/nc/chevron-and-po…

Is Administrative Law Unlawful? https://www.cato.org/events/administr…

Thanks, Chevron? https://www.nrdc.org/onearth/thanks-c…

The New Chevron Skeptics https://fedsoc.org/commentary/videos/…

Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State https://fedsoc.org/commentary/publica…

Chevron’s Foundation: Congressional Delegation of Interpretive Primacy https://fedsoc.org/commentary/podcast…

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Credits:

Produced & Directed by Daniel T. Richards

Written by Niamh Marnell

Director of Photography Matt Wood

Edited by Myles Shank Animation & Titles by Kjell Boersma Line

Producer Alex Yershov

Associate Producer Matt Wood

Camera Operator Dominic Sterett

Production Assistant Chris Mannix