40 Harv. Envtl. L. Rev. F. 1 (2016)

handle is hein.journals/helf40 and id is 1 raw text is: 




       THE ENDURING NATURE OF THE CHEVRONDOCTRINE

                         John C. Cruden * & Matthew R. Oakes**

                40 Harvard Environmental Law Review - (forthcoming 2016)

              On November 10, 2015, the D.C. Bar's Administrative Law and Agency
       Practice Section held its annual Harold Leventhal Lecture. The address was given
       by John Cruden, U.S. Department ofJustice's Assistant Attorney General for the
       Environment and Natural Resources Division. Mr. Cruden's remarks follow.

       It is a great honor for me to give a speech named on behalf of one of the lions of the bar,
Judge Harold Leventhal. Judge Leventhal was nominated to the D.C. Circuit by President
Lyndon B. Johnson in 1965 and served on the Court until 1979.1 In that 15-year span, Judge
Leventhal had a profound impact on a range of legal issues, but he is best known for his influ-
ence on the development of administrative law.
       Before becoming a judge, Harold Leventhal was quite accomplished. He clerked for two
Supreme Court Justices and then worked in the Solicitor General's office, the Department of the
Interior, and the Office of Price Administration.2 After serving as General Counsel for the Of-
fice of Price Administration, he was a noted prosecutor of war crimes at the Nuremberg war tri-
als.' When he returned to Washington he founded a law firm, taught at Yale Law School, and
served as general counsel to the Democratic National Committee for several years.4 His diverse
experience in both the public and private sector gave Judge Leventhal the ideal background to
help frame administrative law.
       Today I will discuss Chevrod deference from an environmental perspective. And, I rec-
ognize that many of you are true experts in the field of administrative law, so I approach the issue
with some trepidation. That is particularly true since several years ago I spoke to the annual con-
ference of the ABA's Section on Administrative Law, with the thesis that environmental law had
now swallowed whole the field of administrative law, since all of the leading administrative law
cases-like Chevron-were really environmental in nature. While I convinced absolutely no one
in that audience, it was great fun to go over so many of the leading administrative law decisions,
like the preliminary injunction decision by the Supreme Court in 2008 in Winter v. Natural Re-
sources Defense Council,6 and discuss the underlying environmental litigation.



* Assistant Attorney General, U.S. Department ofJustice, Environment and Natural Resources Division.
** Trial Attorney, U.S. Department of Justice, Environment and Natural Resources Division, Law and Policy Sec-
tion, and Adjunct Professor, University of Maryland School of Law.
1 Biographical Directory of Federaljudges, FED. JUDICIAL CTR., https://perma.cc/R85U-GPJH.
2 Id.
3 Leventhal's insider account of the Nuremberg verdict was published shortly after the trials concluded. See Harold
Leventhal et al., The Nuernberg Verdict, 60 HARV. L. REV. 857, 858 (1947).
Biographical Directory of FederalJudges, supra note 1.
Chevron U.S.A. Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837 (1984).
6 Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7 (2008).

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