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Observers Expect Agency-Specific Deference After High Court Ruling

August 12, 2019
Supreme Court observers expect lower courts to grant OSHA and other agencies narrower, agency-specific deference to interpret ambiguous regulatory language in the wake of the high court’s recent Kisor v, Wilkie ruling that generally preserved so-called Auer deference but reinforced limits on its use. Pamela Karlan of Stanford Law School told an Aug. 5 American Bar Association (ABA) webinar on “The Roberts Court 2018-19: Avoiding the Limelight Following the Kavanaugh-Kennedy Trade,” that she expects to “see a breakdown...

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