Law.com Supreme Court Brief: ‘Auer’ Is Near (Elbert Lin mentioned)

Law.com Supreme Court Brief highlights Elbert Lin’s recent amicus brief on behalf of the Utility Air Regulatory Group in Kisor v. Wilkie.

The Supreme Court is set to hear oral argument this spring in Kisor v. Wilkie, a potentially landmark case for federal agencies and those subject to their regulation. The question on review is whether the Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., two cases that require courts defer to agencies in interpreting their own regulations when the language is ambiguous. Tony Mauro and Marcia Coyle of Law.com Supreme Court Brief highlighted the amicus briefs “mostly drafted by veteran Supreme Court and appellate advocates.” They noted specifically a brief filed by several Hunton Andrews Kurth attorneys, including Issues & Appeals group co-chair Elbert Lin, which argued that overruling Auer deference does not require dispensing with Chevron deference, a separate doctrine that requires deference to agencies in interpreting unclear statutory language.

Read Law.com Supreme Court Brief: Auer' Is Near | 'Anonymously Funded' Briefs Questioned | The Chief's ACA Dilemma, February 6, 2019.