UTexas.edu

Resources for:

Sign In
The University of Texas at Austin School of Law
  2. Our Faculty Community
  3. Faculty Publications & Activities

With Justice Kavanaugh's Ascension to SCOTUS, Are the Days of Chevron Deference Numbered?

Barry T. Smitherman
Spring 2020

With Justice Kavanaugh's ascension to SCOTUS, and the completion of his first term on the highest court, including his concurrence in judgement in Kisor v. Wilkie, 139 S. Ct. 2424 (2019), what should we expect his approach to be in a case that directly challenges Chevron v. NRDC, 467 U.S. 837 (1984) deference?  Former Justice Kennedy historically supported agency deference "in the context of an agency that has expertise in regulating the environment or the forest service or fisheries or nuclear power..."  Will that also be Justice Kavanaugh's position?

Full Citation

Barry T. Smitherman. “With Justice Kavanaugh's Ascension to SCOTUS, Are the Days of Chevron Deference Numbered?.” In 15 Texas Journal of Oil, Gas, and Energy Law, Page 1 (Spring 2020).