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Auer deference

Kisor v. Wilkie

ELR Case

The U.S. Supreme Court upheld the Auer doctrine, deferring to the Department of Veterans Affairs' interpretation of an ambiguous regulation in a lawsuit concerning disability benefits. A veteran challenged the lower court's application...

The Final Auer: How Weakening the Deference Doctrine May Impact Environmental Law

ELR Article

Throughout the past decade, the United States Supreme Court has questioned the constitutionality of affording deference to a federal agency’s interpretation of its own regulations. This level of deference originated with the Court’s...