The future of 'Chevron' deference

World-class appellate lawyers, as a rule, do not downplay favorable precedent. Yet during oral argument in 'BNSF Railway Co. v. Loos', prominent appellate advocate Lisa Blatt concluded her argument to the U.S. Supreme Court with this remarkable statement: "I hate to cite it, but I will end with 'Chevron'." "'Chevron'," of course, refers to 'Chevron' 'U.S.A. Inc. v. Natural Resources Defense Council, Inc'., perhaps the most cited case in all of administrative law. The 'Chevron' doctrine is a familiar one: where an administering agency's interpretation of an ambiguous statute is reasonable, courts should defer to it. In 'BNSF Railway', that doctrine would have helped Ms. Blatt's client. Rather than trumpet 'Chevron', however, Ms. Blatt "treat[ed it] as no more than a last resort."