On December, 10, 2018, the United States Supreme Court granted a petition for writ of certiorari in Kisor v. Wilkie (No. 18-15), which raises the issue of whether Auer deference should be overruled. Auer deference (also known as Seminole Rock deference) requires courts to defer to an agency's reasonable interpretation of its own ambiguous regulations. Auer deference is similar to Chevron deference, which requires courts to defer to an agency's reasonable interpretation of ambiguous statutes. As this blog has noted, agency deference has been in the spotlight recently ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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