Chevron Doctrine Still Generates Confusion

Professor Jason Czarnezki of Marguette University Law School is circulating a new paper on SSRN entitled An Empircal Investigation of Judicial Decisionmaking, Statutory Interpretation & the Chevron Doctrine in Environmental Law.  The article takes a close look at decisions from the DC, 2nd, and 9th circuits, and reports some “confusion” and “befuddlement” over application of the doctrine.  Nonetheless, Professor Czarnezki reports that the doctrine appears to be working “as expected.”  The professor also notes, however, some evidence that the panel’s ideological preference may affect the decision.

Practitioners of administrative law (and especially environmental law) will be interested in the findings.

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