Chevron in the Circuit Courts

Shedding Light on Chevron: An Empirical Study of the Chevron Doctrine in the U.S. Courts of Appeals

Chevron Matters: How the Chevron Doctrine Re-Defined the Roles of Congress, Courts and Agencies in Environmental Law

Social and environmental litigation against transnational firms in Africa

As elsewhere in the world, Africa has experienced a rise in litigation against transnational corporations for adverse environmental and social impact. Cape plc and RTZ have been sued in British courts for environmental damage and for breach of employment rights in Africa. Companies which sold products to South Africa’s former apartheid regime, such as Fujitsu and IBM, are now being sued in US c...

Dirty dancing--the FDA stumbles with the Chevron two-step: a response to professor Noah.

Professor Lars Noah deserves much credit for exposing some of the myriad ways in which the Food and Drug Administration (FDA) has consistently sought to expand its authority through questionable, and perhaps in some cases abusive, legal practices.1 As Professor Noah observes, there are signs that the federal courts’ century-long honeymoon with the FDA may be ending2—and perhaps the FDA never de...

Chevron's Interstitial Steps

The Chevron doctrine’s apparent simplicity has long captivated judges, lawyers, and scholars. According to the standard formulation, Chevron involves just two straightforward steps: (1) Is a statute clear? (2) If not, is the agency’s interpretation of the statute reasonable? Despite the influence of this two-step framework, Chevron has come under fire in recent years. Some critics bemoan what t...