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Amicus Update: The Center Files Brief as SCOTUS Evaluates Power of Federal Regulatory Agencies

  • Published July 27, 2023

The DRI Center for Law and Public Policy—the public policy “think tank” and advocacy voice of DRI—has filed an amicus brief in the U.S. Supreme Court supporting the petitioners in Loper Bright Enterprises, No. 22-451. At issue is whether the Court should overrule Chevron v. Natural Resources Defense Council—which held that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable—or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.

The Center’s brief urges the Court to decide this appeal in accordance with the major questions doctrine, rather than the Chevron doctrine, and reverse the judgment below. In so doing, the brief argues, the Court need not reach the question of whether Chevron should be overruled.

The Center’s brief was authored by DRI member Melinda Kollross and Don Sampen, both of Clausen Miller PC in Chicago. Ms. Kollross is a member of the Center for Law and Public Policy’s Amicus Committee.

Read the Amicus Brief (PDF)

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