Bulletin

Volume 43

Bulletin

Does Loper Bright Apply to the Clean Air Act?

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In Loper Bright Enterprises v. Raimondo, the Supreme Court renounced the principle that courts should defer to agencies’ reasonable resolutions of ambiguities in the statutes they administer in unqualified terms. In concluding that Chevron deference was and always had been unlawful, the Court relied on section 706 of the Administrative Procedure Act of 1946 (APA), […]