When Congress passes legislation, it frequently directs that one or more federal agencies promulgate regulations both implementing the law and filling in details Congress may have left unaddressed. When agencies promulgate these regulations, it often falls to federal courts to review whether those regulations are based upon an appropriate interpretation of the statutes Congress enacted. Inevitably, the executive and judicial branches of government will sometimes have differing interpretations of the language in these statutes. The U.S. Supreme Court considered this interplay of powers in its decision in Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984).

Continue reading the full article, published by the New Jersey Law Journal May 6, 2024.