Bloomberg Law Publishes Wolverton and Pierce Examination of Kisor Decision and Agency Deference

Bloomberg Law has published “INSIGHT: Courts Not Shy in Rejecting Faulty Regulatory Interpretations Since Kisor,” written by Akin Gump litigation senior counsel Caroline Wolverton and partner Anthony Pierce. The article looks at the federal court decisions on federal agency deference since the U.S. Supreme Court’s ruling last year in Kisor v. Wilkie.

Wolverton and Pierce write that, since the Kisor decision, “litigants have been finding success in challenging agency decisions and other administrative actions that are based on regulatory interpretations.” Before considering whether deference to an agency’s regulatory interpretation could be warranted, though, they say that courts “must examine whether the regulation is ‘genuinely ambiguous’ by employing ‘all the standard tools of interpretation.’ Only if a regulation is genuinely ambiguous does a court assess whether to defer.”

To read the article in its entirety, please click here.