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Dallas Partner Explains Potential Impact of Reversing the Chevron Deference Doctrine

4.23.19

The Chevron deference doctrine, originated in the 1980s, gives federal agency regulators decision-making responsibility for “complex” matters within their specialized areas of expertise, rather than having those decisions made by judges who may not have sufficient knowledge to do so. In recent months, however, some Supreme Court justices have expressed reservations about the Chevron deference’s fundamental efficacy and may be willing to overturn it, Dallas partner Mike Abcarian writes in Law360. While a reversal of Chevron would involve some drawbacks, it also may motivate federal agencies to reduce closed-door policy-making practices and, instead, invoke change through publicly accessible rulemaking, Abcarian said.

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