Date: September 23, 2013 Last Edit: October 14, 2016

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Foster v. Vilsack
Regulatory Reform

U.S. Supreme Court – cert petition

In this case, NFIB Legal Center
is once again calling upon the Supreme Court to reconsider the controversial Auer
doctrine, through which courts afford deference to agencies on interpretations
of vague or ambiguous regulations. In light of recent Supreme Court decisions
questioning the doctrine, we argue that the time has come for the Court to
expressly reconsider Auer, or to at least provide better guidance as to
when it should apply. Thus for example, in this case, we argue that Auer
deference should not apply to an agency’s interpretation if a field manual or
informal guidance.

Status: PENDING. Amicus
brief filed 9/12/16.The NFIB Small Business Legal Center has not recently filed
in a Nebraska state case.  If you have a
case that impacts small business, please contact us at:  1-800-552-NFIB.  We are actively looking for opportunities to
weigh in on important issues in Nebraska.


Thank You



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