From Chevron to the Clean Power Plan: Is the Doctrine of Agency Deference About to End?

Abstract

Beginning with Chevron v. NRDC, 467 U.S. 837 (1984), and proceeding through oral arguments at the U.S. Court of Appeals for the DC Circuit, and the U.S. Supreme Court's stay of the 'Clean Power Plan' in February 2016, SCOTUS Justices have begum to raise serious questions about the legal soundness of agency deference.  With the passing of Justice Scalia and the ascension of Justice Gorsuch, it is worth exploring both the evolution of Chevron deference and the prospect of changes in how Chevron might be applied going forward.