Document Type

Article

Publication Date

11-2024

Abstract

In June 2024, the U.S. Supreme Court eliminated the judicial deference federal agencies previously received for their statutory interpretations, overturning the Court’s landmark 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. While Chevron was never binding on state courts, where the balance of powers and state constitutions may require different or no deference to agencies, numerous states have adopted Chevron deference, Skidmore weight, or similar deference regimes for judicial review of agency legal interpretations. Despite these developments, little scholarly attention has been paid to how and why states have developed administrative law’s deference doctrines, how the doctrines have changed over time, or how they may further evolve in light of Chevron’s demise at the federal level.

Comments

Reproduced with permission. Originally published as Walker, Christopher J. and Neena Menon. "Chevron's 51 Imperfect Solutions." Wisconsin Law Review 2024, no.5 (2024): 1585-1613. DOI: https://doi.org/10.59015/wlr.TMCS5118

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