Pratik Shah Discusses Supreme Court’s Chevron Ruling with Law360

Law360, for its article “Climate Fight Shows Vintage Chevron Ruling Still Packs Punch,” quoted Akin Gump Supreme Court and appellate practice co-head Pratik Shah on the importance of a thirty year old U.S. Supreme Court decision as it applies to government regulation of developing issues such as climate change.

In Chevron v. Natural Resources Defense Council, the Court enabled a two-part test for courts to review an agency’s interpretation of a federal statute. Shah commented on the significant of the ruling and its role as a fundamental principle of U.S. administrative law: “Chevron has become one of the most important cases that the Supreme Court has ever issued for government lawyers. It is a foundational case for government law and defending agency actions. It’s not only a bedrock principle for Supreme Court jurisprudence, but it’s also necessary to the sound function of our administrative state.”

The article notes that while the Chevron ruling’s principles have remained fairly static, the application has changed throughout the years in response to what Shah says is a growth in the administrative state. “It is somewhat of a malleable doctrine,” he says. “I don’t think this is an evolution of Chevron doctrine; it’s an evolution of an administrative state. The administrative state has grown and will continue to grow.”

To read the full article, please click here.