Several trade associations are cautious about federal agencies abusing Chevron doctrine deference,...
Several trade associations are cautious about federal agencies abusing Chevron doctrine deference, an amici brief filed at the Supreme Court showed. The case addresses whether federal agencies should be allowed to determine their own jurisdiction. The American Farm Bureau Federation,…
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the U.S. Chamber of Commerce, the National Association of Home Builders, the National Federation of Independent Business Small Business Legal Center, the National Mining Association and the Retail Litigation Center filed a joint brief supporting the petitioners this week. “Expanding the scope of ‘Chevron’s domain’ to agency jurisdictional determinations would have vast -- and troubling -- implications for the administrative state,” the joint brief said. “Historically, de novo judicial review of agency assertions of jurisdiction has served as an essential check against agency aggrandizement of power.” At stake is the “proper allocation of authority within the federal government and the relationship between the federal government and the States,” the trade associations said. The National Association of Regulatory Utility Commissioners filed a separate joint brief Tuesday (http://xrl.us/bn3rxc) with several municipal parties of the State and Local Legal Center in support of the City of Arlington, Texas v. FCC petitioners, as expected and reported last week (CD Nov 21 p1).