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? An astute reader pointed me to another footnote–this one from a law review article by Professor John Duffy–suggesting that at the time Chevron v. NRDC was decided, the issue from the Court…

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