Chevron deference


Caution: Separation of Powers Has Greatly Eroded

Frank N. Wilner’s commentary “Threats Lurk to STB Independence” (May 22, 2022) raises interesting issues reaching back to the 1700s. The U.S. Constitution, ratified in 1789, is patterned on the Massachusetts Constitution


STB, FRA judicial ally under attack

If Judge Neil Gorsuch is Senate-confirmed to the Supreme Court, federal regulatory agencies such as the Surface Transportation Board (STB) and Federal Railroad Administration (FRA) could be closer to losing a handy, trusted and effective judicial ally in their interpretations of the statutes they administer.