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Judicial Deference to Agencies under Auer and Chevron – Alive, But Not Kicking

By Grimaldi Law Offices Associate Jennifer Singh The Chevron doctrine, a central principle of modern administrative law named for the 1984 case Chevron USA, Inc. v. Natural Resources Defense Council, stands for the proposition that when a law that a federal agency oversees is not clear, courts will generally accept the agency’s interpretations of that law as long as the interpretation is reasonable. One basis for the doctrine is the idea that agency decision makers - not judges - are in the best position to understand and interpret technical and complex minutia relating to agency decisions. Although the judicial deference…

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OEHHA Modifies Proposal on Averaging Concentrations of Reproductive Toxicants in Foods

On July 5, 2019, the California Office of Environmental Health Hazard Assessment (OEHHA) published a notice modifying a proposed Proposition 65 regulation on how to calculate the intake of a reproductive toxicant in foods, and separately, by the average user of a consumer product. The deadline for comments on the modified proposal, originally set for July 22, 2019, has been extended to August 5, 2019. OEHHA’s original proposed regulation was published for public comment on October 5, 2018. At that time, OEHHA explained that the proposal would specify procedures for determining the “level in question” for a reproductive toxicant in…

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