Supreme Court agrees to hear additional case which could erode or erase ‘deference’ to agencies like FDA and EPA

On October 13th, the Supreme Court agreed to hear a second case during its next term focused on a foundation of modern administrative law known as Chevron deference – the idea that regulators may reasonably determine how to apply statutory authority they have been granted in the absence of specific instruction from Congress. In granting certiorari in the case, the court has set the stage for a titanic argument over what level of deference a regulatory agency should be granted, with significant implications for how regulatory agencies like the EPA and FDA may be able to regulate in the future.

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