Will 'Chevron' Defense Soon Be Gone, Gone, Gone?
Doreen Trujillo and Weiguo Zhou, members of Saul Ewing’s Intellectual Property Practice, author this article analyzing the state of the “Chevron” defense. According to the article, the defense has been used since 1984 to support an agency's interpretation of a silent or ambiguous statute, even if it means overruling judicial precedent on the issue; however, both Congress and Supreme Court nominee Judge Neil Gorsuch appear to be are critical of this defense. The article explains that two bills, H.R. 5 and H.R. 76, propose amendments to the Administrative Procedures Act (APA), and discusses the likelihood of those bills being passed, eliminating the Chevron defense.
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