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DOJ Urges High Court To Retain Limited Agency Deference For ‘Certainty’

March 01, 2019
The Justice Department (DOJ) is asking the Supreme Court to retain a limited form of judicial deference for OSHA and other agencies’ interpretations of their rules rather than scrapping the doctrine altogether as conservatives, industry groups and others have urged, warning that deference is needed to ensure “certainty and stability” for nationwide rules. DOJ filed a Feb. 25 response brief in the high court case Kisor v. Wilkie that agrees with opponents of the deference doctrine that it has...

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