The Supreme Court issued three opinions today, including an important decision on whether omissions in SEC filings are actionable, and a decision that the Takings Clause does not distinguish between legislative and administrative land-use permit conditions (and that relies on Judge Murphy’s recent Takings Clause decision). But no decision yet on the highly-anticipated blockbuster cases (here and here) that might overturn Chevron deference.
While we continue waiting for those decisions, we’ll point you to an interesting article by our colleague Keith Bradley. The article acknowledges that Chevron privileges the policies of government agencies over those of individual people and businesses that disagree with those policies. But then it argues that the doctrine also gives agencies flexibility to operate under the often-ambiguous laws passed by Congress, which may create positive outcomes for other individuals and businesses outside of litigation.
