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Administrative Law

Is There Actually an Error in the Supreme Court's Analysis in Loper Bright?

Did the Administrative Procedure Act apply in Chevron v. NRDC?

Jonathan H. Adler | 7.25.2026 11:42 AM

On Thursday, I noted an interesting footnote in Senior Circuit Judge Ray Randolph's dissent in Hospital Menonita de Guayama v. NLRB (an interesting decision in its own right), suggesting that the Supreme Court's decision ending Chevron deference in Loper Bright Enterprises v. Raimando failed to account for the fact that Chevron had not been an APA case, but was rather governed by the judicial review provisions of the Clean Air Act. But is this so?

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