Since Chevron v. Natural Resource Council, 467 U.S. 837 (1984), the Supreme Court has said that it will generally give deference to the interpretations of federal agencies when addressing ambiguities in a statute. Unfortunately this deference gives the agency an intrinsic advantage over private litigants when a dispute arises. As such, we have long fought to even the playing field for the regulated community.
Remarkably, federal agencies often maintain that courts should defer to them, even on questions of their own jurisdiction. Accordingly, we argue, in this case, that agencies should not be allowed to determine the scope of their own powers.
For more information, commentary and insight view our November 28, 2012 press release.
Status: Pending - U.S. Supreme Court.