Document Type
Article
Publication Date
2002
Abstract
This article critically examines the U.S. Supreme Court’s treatment of Chevron deference during its 2001–2002 Term, arguing that the Court has introduced greater uncertainty into an already complex doctrine. William S. Jordan III analyzes several key cases from the term, demonstrating inconsistent applications of Chevron's two-step framework and highlighting the judiciary's lack of clarity in distinguishing between questions of law and agency discretion. He contends that the Court’s wavering approach undermines the predictability and coherence of administrative law. The article explores implications for environmental regulation and statutory interpretation, noting how judicial confusion affects agencies' ability to implement statutes effectively. Jordan calls for a more principled and transparent framework for judicial deference to agency interpretations.
Publication Title
Environmental Law Reporter
Volume
32
First Page
11459
Recommended Citation
Jordan III, William S., "Updating Deference: The Court’s 2001-2002 Term Sows More Confusion About Chevron" (2002). Akron Law Faculty Publications. 450.
https://ideaexchange.uakron.edu/ua_law_publications/450