Justice Scalia to Deliver Remarks on Current State of Judicial Review

Discussion will focus on landmark decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council


WASHINGTON, DC, April 17, 2009 – U.S. Supreme Court Associate Justice Antonin Scalia will deliver the keynote address at the upcoming conference "Is Chevron Out of Gas? The State of Judicial Review 25 Years After Chevron U.S.A., Inc. v. Natural Resources Defense Council," April 24, 2:30 - 5:30 p.m. at American University Washington College of Law.

Chevron is a landmark 1984 Supreme Court decision that created a two-part inquiry to guide judicial review of a federal agency's interpretation of its own statute. In Chevron, the Supreme Court significantly limited the role of the courts, holding that where the governing statute is ambiguous the reviewing court must defer to the agency's interpretation of the statute.

Justice Scalia taught Administrative Law in his earlier career as a professor, and has been a lively and influential participant in the debate over the last 25 years as to the merits of Chevron and how to apply it. He dissented in United States v. Mead, a 2001 decision in which the Supreme Court modified the applicability of the Chevron doctrine.

The conference will mark the silver anniversary of Chevron by asking:

  • What is the state of Chevron law today?
  • Have the years since provided more or less clarity to the courts and affected parties?
  • Where will judicial review go from here

The conference is presented by the Administrative Law Review. For more information on the day's event or other news at Washington College of Law, please contact Jason Policastro at (202) 895-4537 or via email at policastro@wcl.american.edu.

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Full Schedule

2:30 pm Welcome / Introduction by Claudio Grossman, Dean, American University Washington College of Law and Daniel Marcus, Fellow in Law and Government, American University Washington College of Law

Dean Claudio Grossman will be introduced by Andrew Kawel, Editor-in-Chief of the Administrative Law Review
2:45 pm Keynote Address by The Honorable Antonin Scalia, Associate Justice, United States Supreme Court
3:30 pm Panel Discussion
Moderator: Mark Niles, Professor and Associate Dean for Faculty and Academic Affairs, American University Washington College of Law
Speakers: J. Peter Coll, Partner, Orrick, Herrington, Sutcliffe, LLP (Counsel for Mead Corp) David Frederick, Partner, Kellogg, Huber, Hansen, Todd, Evans, & Figel, PLLC; Ron Levin, Professor, Washington University (St. Louis) School of Law; and Richard Murphy, Professor, William Mitchell College of Law