Insights
Devin Ryan Examines Pennsylvania Courts' Recent Rulings on Agency Deference for The Legal Intelligencer's 2023 Energy & Environmental Law Supplement
Devin T. Ryan recently authored the article, "Beg to 'Defer': Agency Deference in Recent Pennsylvania Court Cases and Its Future," for the Legal Intelligencer's 2023 Energy & Environmental Law Supplement. The article examines the Pennsylvania Commonwealth Court's and Pennsylvania Supreme Court’s recent rulings on agency deference. It also addresses the potential impact that the U.S. Supreme Court’s forthcoming decision in Loper could have on the agency deference standard that Pennsylvania courts apply.
The author notes:
"The U.S. Supreme Court’s decision in Loper likely could further influence how Pennsylvania courts address the extent of agency deference. However, Pennsylvania courts will be governed by their own case law on the subject, which, as noted by the Pennsylvania Supreme Court in MSC III, could choose to depart from federal law in some circumstances."