JD Supra

The Supreme Court Overturns Chevron, Bringing Clarity to Whether the District Courts or Federal Agencies Interpret Ambiguous Federal Statutory Provisions

The Supreme Court recently a long-standing doctrine established by the 1984 decision, Chevron v. Natural Resources Defense Council. The Court returned the duty of interpreting ambiguous statutory ...
JSTOR Daily

Preference-Eliciting Statutory Default Rules

One puzzlement about statutory interpretation is that so many statutory canons run contrary to likely legislative preferences, sound policy, or even the judicial self-interest in avoiding being ...
SCOTUSblog

A year after Loper Bright: textualism, shadow Skidmore, and a new major questions exception

Clear Statements is a recurring series by Abbe R. Gluck on civil litigation and the modern regulatory and statutory state. Loper Bright put an end to that model of deference. In so doing, it left in ...
The Washington Post

If the statutory language is ‘plain,’ judges will not consider

A frequent maxim of statutory interpretation is the so-called “plain meaning” rule — that judges should consider legislative history, statutory purpose, the statute’s title and whatever else, if and ...
JD Supra

Clean Water Act › Proposed Rules › Statutory Interpretation

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of ...