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Revisiting Judicial Deference To Federal Agencies

Law360, New York (November 3, 2015, 11:49 AM EST) -- The fundamental pillars undergirding the scope of judicial deference to federal agency action date from the World War II era: Skidmore et al. v. Swift & Co. was decided in 1944, and a few months later, in June 1945, the court decided the case of Bowles v. Seminole Rock & Sand Co.[1] These landmark cases (decided at a time when the “administrative state” was much smaller and less complex) involved judicial review of a federal agency’s interpretation of its own regulations and predate the enactment of the Administrative Procedure Act in 1946. Since those days, the federal government, and particularly the...

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