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The Wait is Over: Chevron as the Stealth Vermont Yankee Ii

10 Pages Posted: 31 Oct 2006  

Paul R. Verkuil

Cardozo Law School

Date Written: October 30, 2006


This comment responds to articles by Professors Beerman and Lawson and by Professor Pierce that discuss the continuing relevance of Vermont Yankee as a technique to rein in substantive and procedural review of the agency rulemaking process. I suggest that proper case to exercise restraint is no longer Vermont Yankee but Chevron itself which should be applied to modify the hard look dimensions of State Farm. In making this connection I emphasize the significance of the Congressional Review Act and raise concerns that the agency reasoning process is increasingly being performed by consultants.

Keywords: administrative law, rulemaking

Suggested Citation

Verkuil, Paul R., The Wait is Over: Chevron as the Stealth Vermont Yankee Ii (October 30, 2006). Cardozo Legal Studies Research Paper No. 172. Available at SSRN: or

Paul Verkuil (Contact Author)

Cardozo Law School ( email )

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New York, NY 10003
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