United States:
Kisor v. Wilkie: A New Limit On Agency Deference And Its Implications For Banking Organizations
11 September 2019
Debevoise & Plimpton
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Key takeaways:
- The U.S. Supreme Court recently
narrowed the circumstances under which a court will defer to an
agency's interpretation of its own regulation.
- According to one justice, the new
ruling "enfeebled" and "zombified" the doctrine
granting agencies deference.
- Although the effect of these new
limitations remains to be seen, they should provide new ways to
encourage banking agencies to engage in more open, transparent and
rigorous consideration of interpretive questions.
View Debevoise In Depth - Kisor v.
Wilkie: A New Limit on Agency Deference and Its Implications for
Banking Organizations
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