February 25, 2013
Since Chevron v. Natural Resource Council, 467 U.S. 837 (1984), the Supreme Court has said that it will generally give deference to the interpretations of federal agencies when addressing ambiguities in a statute. Such deference gives the agency an intrinsic advantage over private litigants when a dispute arises. In City of Arlington v. FCC, the Court has been asked to decide whether, contrary to the decisions of at least two other circuits, a court should apply Chevron to review an agency's determination of its own jurisdiction. Our expert attended oral argument and discusses the case on this previously recorded conference call.
- Ms. Karen Harned, Executive Director, National Federation of Independent Business Legal Center