Foreword — Chevron at 30: Looking Back and Looking Forward

21 Pages Posted: 17 Sep 2014 Last revised: 4 Nov 2014

Peter M. Shane

Ohio State University (OSU) - Michael E. Moritz College of Law

Christopher J. Walker

Ohio State University (OSU) - Michael E. Moritz College of Law

Date Written: September 15, 2014

Abstract

This Foreword introduces a Fordham Law Review symposium held in March 2014 to mark the thirtieth anniversary of Chevron U.S.A. v. Natural Resources Defense Council. The most-cited administrative-law decision of all time, Chevron has sparked thirty years of scholarly discussion concerning what Chevron deference means, when (or even if) it should apply, and what impact it has had on the administrative state. Part I of the Foreword discusses the symposium contributions that address Chevron’s scope and application, especially in light of City of Arlington v. FCC. Part II introduces the contributions that explore empirically and theoretically Chevron’s impact outside of the judicial-review context -- i.e., its effect on legislative- and administrative-drafting theory and practice, its influence within the regulatory state more generally, and its adoption (or lack thereof) in state administrative law. Part III turns to the intersection of Chevron and federalism. Part IV concludes by grappling with the contributors’ diverse views on whether Chevron is indeed a big deal and, if so, whether it is a good or bad deal for the modern administrative state.

Keywords: administrative law, Chevron, Skidmore, Mead, deference, delegation, federalism, legislation, City of Arlington

Suggested Citation

Shane, Peter M. and Walker, Christopher J., Foreword — Chevron at 30: Looking Back and Looking Forward (September 15, 2014). Fordham Law Review, Vol. 83, pp. 475-495, 2014; Ohio State Public Law Working Paper No. 274. Available at SSRN: https://ssrn.com/abstract=2496532

Peter M. Shane

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States

Christopher Jay Walker (Contact Author)

Ohio State University (OSU) - Michael E. Moritz College of Law ( email )

55 West 12th Avenue
Columbus, OH 43210
United States
614-292-2631 (Phone)

HOME PAGE: http://moritzlaw.osu.edu/faculty/professor/christopher-j-walker/

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