JaniceRogersBrown-DC-Circ-e3c8fe589bb9e7ef5df912cd956d66bb7d56a566

Federal Judge Says Judicial Deference to Executive Branch Agencies Is ‘Judicial Abdication’

The following excerpt is from an article that originally appeared on Hit and Run Reason

Newly appointed Supreme Court Justice Neil Gorsuch is an outspoken foe of Chevron deference, the legal doctrine that tells federal judges to tip the scales in favor of executive branch agencies when those agencies have offered a “reasonable” interpretation of an “ambiguous” federal statute. “Under any conception of our separation of powers,” Gorsuch has written, “I would have thought powerful and centralized authorities like today’s administrative agencies would have warranted less deference from other branches, not more.”

An important case decided last week by the U.S. Court of Appeals for the District of Columbia Circuit reveals that Gorsuch has a key anti-Chevron ally on that court. At issue in Waterkeeper Alliance v. Environmental Protection Agency was whether the EPA exceeded its authority under federal law while attempting to regulate animal waste produced by farms. According to the unanimous D.C. Circuit opinion written by Senior Judge Stephen Williams, “the EPA’s

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