Administrative law is hardly fertile soil for a revolution. The discipline has a well-deserved reputation for obscure facts and glacial change (at least back in the era before glaciers began to change with any speed). But the past year has offered the promise—or perhaps the threat—of tectonic shifts ahead. These developments may yet fizzle, but for now they make administrative law an area to watch for appellate lawyers.
‘Chevron’ Deference: Beginning of the End?
No administrative law doctrine is as familiar as Chevron deference. See Chevron U.S.A. v. Nat. Res. Def. Council, 467 U.S. 837 (1984). Yet, as two U.S. Supreme Court decisions from the past year show, that doctrine also continues to evolve and surprise. Indeed, as Chevron enters its fourth decade, could its demise be at hand?
