Posts by James Valvo
No Signs of a Skidmore Revival at the Supreme Court
Earlier this week at SCOTUSblog, Columbia University law professor Abbe Gluck suggested the Supreme Court’s recent opinion in Kennedy v. Braidwood Management might reflect what some have forecast as a “revival” of so-called “Skidmore deference.” On her reading of Kennedy, the Court’s examination of “considered and consistent Executive Branch practice—which beg[ins] contemporaneously with enactment of…
Read MoreRhode Island Judge Rules Against Fishermen in Companion Case to Loper Bright
A federal judge in the District of Rhode Island ruled in favor of the government yesterday in Relentless v. Department of Commerce, the companion case to Loper Bright v. Raimondo, which was sent back to lower courts on remand after the Supreme Court’s historic decision last year. With the end of Chevron, the district court…
Read MoreLoper, Stare Decisis, & the Endangered Species Act
Two commenters from the NYU School of Law’s Institute for Policy Integrity have a piece on the Yale Notice & Comment blog challenging the Trump Administration’s invocation of Loper Bright as a nondiscretionary basis to rescind the existing regulatory definition of “harm” as it applies to the Endangered Species Act. Jack Jones and Max Sarinsky…
Read MoreLegislative Drafter’s Guide to Deference, Delegation, and Discretion after Loper Bright
Following the Supreme Court decision in Loper Bright v. Raimondo, which overturned the Chevron doctrine granting federal agencies broad deference to interpret statutes, a “Post-Chevron Working Group” comprised of twenty Republican Senators began working to outline a proper legislative response to the decision and to define a “best practices” for future legislative action. On June…
Read MoreLoper Bright and Political Questions
The Court of International Trade recently invalidated President Trump’s tariffs under the International Emergency Economic Powers Act of 1977 (“IEEPA”). The government argued, among other things, that the court could not consider the case because of the political question doctrine. One reason that doctrine may apply is due to “a lack of judicially discoverable and…
Read MoreBook Review: Loper Bright in Ad Law Casebooks
As Loper Bright continues to work its way through the courts, it’s also been rapidly added to administrative law casebooks across the country. University of Arizona – James E. Rogers College of Law Professors Shalev Gad Roisman and Oren Tamir had a novel idea to do a book review of how Loper, and other new…
Read MoreAFPF Files Regulatory Comment Showcasing Loper Bright’s Role in Endangered Species Act
Americans for Prosperity Foundation filed a comment supporting the Administration’s effort to rescind the regulatory definition of “harm” under the Endangered Species Act and to instead rely on the statutory definition of “take” without the additional interpretive gloss. This rescission is an important example of the types of regulatory definitions that were previously upheld relying…
Read MoreNachmany on Loper’s Good Cause to Deregulate
Eli Nachmany has joined the discussion on the Yale Notice & Comment blog about the interaction between the APA’s good cause exception, Loper Bright, and the Trump Administration’s efforts to root out existing unlawful regulations: Cary Coglianese and Daniel Walters recently published an interesting Notice & Comment post about the President’s memorandum, suggesting that the move shows…
Read MoreProposed Rule Relies on Loper Bright to Rescind Endangered Species Act “Harm” Regulations
The Departments of the Interior and Commerce have proposed to rescind an Endangered Species Act rule defining “harm” because it “do[es] not accord with the single, best meaning of the statutory text” and instead they will “rest on the statutory definition of ‘take.’” This proposal is in line with a White House directive to remedy…
Read MoreTrump Administration Cites Loper With New Instructions on Repealing “Unlawful Regulations”
Earlier this week, on April 9, 2025, President Trump issued a new memorandum entitled “Directing the Repeal of Unlawful Regulations.” The memo, which builds on directions set out in Executive Order 14219 (Feb. 19, 2025), instructs the heads of all executive branch agencies to prepare for repealing “facially unlawful regulations” after April 20, 2025.
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