Developments in Administrative Law and Regulatory Practice 2005-2006




Murphy, Richard

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American Bar Association


This chapter examines highlights from federal case law developments governing judicial review of agency action from August 2005 to July 2006. It was a relatively quiet year on the judicial review front with no obvious doctrinal blockbuster such as the preceding year’s National Cable & Telecommunications Ass’n v. Brand X Internet Services, in which the Supreme Court fundamentally reworked the relationship between agency interpretive authority and judicial stare decisis. That said, the most important judicial review opinion of the last year was Gonzales v. Oregon, in which the Supreme Court narrowed the scope of Auer deference to agency regulatory interpretations and gave important guidance on the Mead problem of determining the scope of Chevron deference to agency statutory interpretations. In other opinions, the Court gave notable guidance on taxpayer standing, exhaustion, retroactivity of jurisdiction-stripping statutes, and construction of fee-shifting statutes. This chapter will examine these Supreme Court cases as well as a smattering of circuit court opinions on related topics.



judicial review, Supreme Court, Chevron, Mead, taxpayer standing, fee-shifting statutes