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1 1 (June 8, 2023)

handle is hein.crs/govelwy0001 and id is 1 raw text is: Con gressionaI ~ Research Service Chevron Deference in the Courts of Appeals June 8, 2023 Chevron USA. v Natural Resources Defense Council is one of the most important cases in administrative law. Decided in 1984, it was the genesis of a legal framework for federal courts to apply when deciding whether to defer to a federal agency's interpretation of a statute. It has, however, become an increasingly controversial precedent that the Supreme Court has applied less and less frequently over the last decade. The Court is now poised to revisit Chevron in the upcoming case Loper Bright Enterprises v Raimondo. The courts of appeals decide many more Chevron cases than the Supreme Court, and they play an important role in shaping the Chevron framework. In general, the courts of appeals apply Chevron more often than the Supreme Court and application of the Chevron framework in the courts of appeals has a greater bearing on the outcome of the case than at the Supreme Court. An examination of federal courts of appeals practices applying the Chevron framework therefore sheds light on how the Chevron framework operates in the vast majority of cases where it is at issue. A handful of studies have evaluated how the courts of appeals apply Chevron, and the picture that emerges is markedly different from the way the Supreme Court applies it. Furthermore, a close examination of the courts of appeals practices themselves reveals significant variations in how Chevron is applied. Studies have identified large variations in how courts apply Chevron depending on which court heard the appeal, the agency party to the case, and the subject matter of the appeal, among other factors. Given this patchwork application of the Chevron framework it can be difficult for agencies and Congress to reliably predict which agency's statutory interpretation will receive deference under the Chevron framework. Regardless of the Supreme Court's consideration of Loper Bright Enterprises, Congress likely has the authority to codify, modify, or eliminate Chevron deference, and therefore can shape through legislation how the federal courts review agency interpretations of federal statutes. Background The Chevron framework is one of a suite of related doctrines that sets out the circumstances under which courts must defer to an executive agency's interpretation of a federal statute that it administers. Under the Chevron framework, a court must defer to an executive agency's interpretation of an ambiguous statute that it administers so long as the agency's interpretation is reasonable. The framework takes its name from a 1984 Supreme Court case, Chevron U.S.A. v. Natural Resources Defense Council, which sets out a two- step process for determining whether a court must defer to an agency's statutory interpretation. Congressional Research Service https://crsreports.congress.gov LSB10976 CRS Legal Sidebar Prepared for Members and Committees of Congress

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