Jenner & Block

City of Arlington v. FCC: The Death of Chevron Step Zero?” Federal Communications Law Journal

In this article, Jenner & Block Partners Samuel L. Feder and Matthew E. Price examine the U.S. Supreme Court’s decision last term in City of Arlington v. Federal Communications Commission.  The authors review the case as it applies to the Chevron doctrine, a 1984 ruling that held that when an agency statute has more than one interpretation, a court should defer to the agency’s choice of various reasonable interpretations.  In Arlington, the Court ruled that an agency should receive Chevron deference for its interpretation of statutory ambiguity concerning its scope of regulatory authority.  The authors describe the issue presented in Arlington, consider the Court’s dissent and concurrence, and explore implications of the case.