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1 1 (January 29, 2019)

handle is hein.crs/govyjz0001 and id is 1 raw text is: Notable Administrative Law Developments from 2018 January 29, 2019 Last year featured a host of significant developments in the realm of administrative law, from the Trump Administration's continued deregulatory efforts to one (now former) Supreme Court Justice's call to reconsider the foundational Chevron doctrine. Some developments from 2018, however, may be of particular interest to Congress, especially those involving such foundational concepts as the separation of powers and the boundaries of presidential and agency authority. Such developments include (1) the Supreme Court's treatment of agency deference doctrines, most notably the Court's consistently narrow application of the Chevron doctrine last term; (2) the Court's decision in Lucia v. SEC and related consequences stemming from it for the federal administrative adjudicatory system; (3) federal lower court decisions concerning whether the Consumer Financial Protection Bureau (CFPB) and Federal Housing Finance Agency (FHFA) are structured in a constitutionally permissible way; (4) the fate of the Trump Administration's rule-delay initiatives in the federal courts; and (5) Congress's regulatory reform initiatives. This Sidebar offers a brief overview of these developments. 1. The Supreme Court and Judicial Deference to Agency Legal Interpretations In recent years, there has been significant interest in whether the Supreme Court would reexamine precedent concerning the degree of judicial deference given to agencies' interpretations of the statutes and regulations they administer. This interest seems likely to grow in response to Court activity in 2018, which might affect the future application and vitality of two important doctrines governing judicial deference to agency legal interpretations: the Chevron and Auer (or Seminole Rock) doctrines. The Chevron doctrine-articulated by the Court in Chevron USA., Inc. v. Natural Resources Defense Council, Inc.-requires courts to defer to an agency's reasonable interpretation of an ambiguous statute it administers in certain instances. If Chevron applies, courts engage in a two-step analysis. First, a reviewing court determines whether the underlying statute being interpreted is silent or ambiguous on the particular issue (Chevron Step One). If it is not, then the court .. . must give effect to the unambiguously expressed intent of Congress. But if the statute is silent or ambiguous, the court moves to the second step (Chevron Step Two), and will defer to the agency's interpretation, so long as it is a permissible (or reasonable) construction of the statute. Several Justices have criticized Chevron in judicial opinions or Congressional Research Service https://crsreports.congress.gov LSB10248 CRS Legal Sidebar Prepared for Members and Committees of Congress

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