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Supreme Court declines to overrule Auer deference

Friday, June 28, 2019

On June 26, 2019, the U.S. Supreme Court issued a decision in Kisor v. Wilkie, and the result is a mixed bag for companies subject to federal regulation. While the Court declined to overrule Auer deference — the doctrine whereby courts will defer to a regulator’s interpretations of its own, ambiguous regulations — it did impose some new limits on the application of such deference. Whether the new limits will make a meaningful difference in practice remains to be seen. But the decision is, at least on paper, something of a victory for litigants challenging an agency’s regulatory interpretation in court. The Court’s decision is available here.

This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.

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Frank L. Merrill Partner

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