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Chevron's Inevitability

70 Pages Posted: 2 Sep 2017 Last revised: 24 Nov 2017

Kristin E. Hickman

University of Minnesota - Twin Cities - School of Law

Nicholas R. Bednar

University of Minnesota - Twin Cities, School of Law, Students

Date Written: September 1, 2017

Abstract

For over thirty years, Chevron deference has been the target of criticism. Now, some judges and legislators are calling for an end to Chevron, and legal scholars are heralding the doctrine’s retreat. Chevron may be evolving, as common law often does. But claims that Chevron is in decline are overblown, and efforts to overturn Chevron in any meaningful sense are misdirected. Chevron-style deference is inevitable in the modern administrative state. The real “problem” — to the extent one sees it as such — is not Chevron but rather unhappiness with the natural consequences of congressional reliance on agencies to resolve major policy issues.

Keywords: Chevron, judicial deference, judicial review, administrative law

JEL Classification: K23, K41

Suggested Citation

Hickman, Kristin E. and Bednar, Nicholas R., Chevron's Inevitability (September 1, 2017). 85 Geo. Wash. L. Rev. 1392 (2017). Available at SSRN: https://ssrn.com/abstract=3031055

Kristin Hickman (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2915 (Phone)

Nicholas Bednar

University of Minnesota - Twin Cities, School of Law, Students ( email )

Minneapolis, MN
United States

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