Chevron: Accidental Landmark

Justice Stevens’s majority opinion in Chevron v. NRDC has become one of the most hotly debated topics in administrative law. With the “Chevron Doctrine” dividing scholars and pundits along uncommon ideological lines, the history of Chevron’s growth from a “puny little precedent” into a major landmark decision makes for an intriguing discussion about administrative agencies, judicial deference, and unintended consequences.
What happened in Chevron v. NRDC? Should courts defer to administrative agencies’ reasonable interpretations of their own rules-especially when the statutes authorizing those rules are ambiguous? Is Chevron the ultimate legal example of “be careful what you wish for”?
Five administrative law experts discuss these topics and more in “Chevron: Accidental Landmark,” a documentary short from FedSoc Films.
As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speakers.
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Experts (in order of appearance):
Prof. Thomas W. Merrill, Columbia Law School
Learn more: www.law.columb...
Hon. C. Boyden Gray, Boyden Gray & Associates
Learn more: boydengrayasso...
Mr. David Doniger, Natural Resources Defense Council
Learn more: www.nrdc.org/e...
Prof. Kristin E. Hickman, University of Minnesota Law School
Learn more: www.law.umn.ed...
Prof. Christopher J. Walker, The Ohio State University, Moritz College of Law
Learn more: moritzlaw.osu....
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Differing Views & Related Links:
Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.
www.oyez.org/c...
The Story of Chevron: The Making of an Accidental Landmark
scholarship.la...
Chevron’s Inevitability
www.gwlr.org/w...
Judicial Deference to Administrative Interpretations of Law
scholarship.la...
Chevron and Political Accountability
yalejreg.com/nc...
Is Administrative Law Unlawful?
www.cato.org/e...
Thanks, Chevron?
www.nrdc.org/o...
The New Chevron Skeptics
fedsoc.org/com...
Deference to Agency Rule Interpretations: Problems of Expanding Constitutionally Questionable Authority in the Administrative State
fedsoc.org/com...
Chevron's Foundation: Congressional Delegation of Interpretive Primacy
fedsoc.org/com...
* * * *
Credits:
Produced & Directed by Daniel T. Richards
Written by Niamh Marnell
Director of Photography Matt Wood
Edited by Myles Shank
Animation & Titles by Kjell Boersma
Line Producer Alex Yershov
Associate Producer Matt Wood
Camera Operator Dominic Sterett
Production Assistant Chris Mannix

[@TEAMWRIGHTEOUS]

Never knew about this case until recently.... But I always wondered why the agencies were allowed to make laws instead of congress doing so.... Now I know how they were. But now, they're no longer allowed to do so and that's a good thing.

[@tritchie6272]

To let agencies decide on the law and decide how much power they have, I'd both unconstitutional and a conflict of interest.

[@dudenoone1712]

... how many angles can fit on the head of pin...? Fine ill dumb it down. Unelected bureaucrats are deciding what is and is not legal and the penalties for those actions without opportunity for appeal. A failure of a lazy legislature.

[@Patmorgan235Us]

Judges are unelected as well

[@Coinpease]

That's because half of congress is filled by people who ask tech ceos if their app has access to wifi. I don't want MTG deciding how much tetraethyl lead is considered unsafe, I want a scientist doing that.

[@Thadon36]

It’s gone brother

[@tritchie6272]

At least with Judges you can in theory have a third and hopefully neutral party decide.​@@Patmorgan235Us

[@sbfarmer8]

nice touch dan using the tron, 80's wireframe.

[@speaklifegardenhomesteadpe8783]

Where is our redress of grievances under Cheveron vs NRDC? This happening in 1984 would be humorous if not for choking freedom, liberty and constitutional rights... nearly to death. Courts are not to bow to the agency. This places agency as another branch of government, wholy unbalanced and all powerful, which requires no congress to pass laws constitutionally, but places agency above even the power of congress, and unaccountable to the legislative branch, creating law from policy which is enforced by armed forces and incarceration. Though no law was ever passed by congress. Example.. The ATF.

[@donvirts4608]

Chevron deference pretty much did away with the Bill of Rights and gave the government all the power.

[@frankmccann29]

Number 9 says "Hallelujah!" Nice to know that we have an ancient rule if Law going back to Rome.

[@dwightsandersus60-150417000099]

Thank you Sir

[@user-ib9bk7nq6s]

Chevron overturned.

[@Honkykong19]

Well I mean overturning an unelected bureaucrats authority to make law is not a bad thing. That is congress job not theirs. Enforcing law are the agencies jobs determining law is the courts job. Plain and simple so keep it overturned

[@HistoryNerd808]

IANAL and definitely not familiar with much of admin law but as I understand it, Chevron is a serious separation of powers violation

[@HistoryNerd808]

@Stay EZ My Friends Yeah, that just makes me mad. It just adds to the stigma and pathologizing of it which is irritating as well. My brain's wired differently, I'm not sick or diseased

[@HistoryNerd808]

@Stay EZ My Friends Yeah, that's one of the reasons that it drives me crazy when people talk cures and treatments and stuff like that. That's a separate debate though

[@gregegg-ef1kl]

Bible verses to address steel gauges!

[@chaseday-tp9ed]

WAt🎉