Supreme Court Revisits and Revises ‘Auer Deference’ with Implications for Environmental Law

摘要

Kisor involves “Auer deference,” a decisional doctrinecreated by the court in 1997, which allows courts to deferto—and usually approve—a federal agency’s reasonable interpretationof its own “genuinely ambiguous regulations.”The Kisor case concerned the U.S. Department of VeteransAffairs’ interpretation of an ambiguous veterans benefit rulethat had been affirmed by both the U.S. Court of VeteransAppeals and the Federal Circuit. However, the court vacatedand remanded the ruling.