By Kemahl Franklyn In what may be one of the most consequential decisions in the history of administrative law, the U.S. Supreme Court decided two cases in their most recent term that determine the constitutionality...
The U.S. Supreme Court, in overruling its prior Chevron decision, seems to allow lower courts to independently evaluate statutory text. Many regulations, promulgated by agencies like the IRS and the DOL...
In Loper Bright and Relentless , the Supreme Court expressly overruled Chevron U.S.A. v. National Resources Defense Council, Inc. , which had required federal courts to defer to reasonable regulatory interpretations...
The U.S. Supreme Court’s recent decision striking down the Chevron Doctrine may impact interpretation of ambiguous legislation, potentially including real estate-related laws such as the Fair Housing...
With the ebbs and flows of an uncertain financial market, deal certainty is increasingly important for buyers and sellers alike. When a buyer’s ability to close an M&A transaction is dependent...
In Loper Bright and Relentless, the Supreme Court expressly overruled Chevron U.S.A. v. National Resources Defense Council, Inc., which had required federal courts to defer to reasonable regulatory interpretations of ambiguous statutory provisions. Now, when an interpretive regulation is challenged, courts will be required to apply traditional canons of statutory construction to arrive at their own interpretations of the underlying provisions of the Internal Revenue Code rather than deferring to what’s reflected in the regulation.
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