Kavanaugh’s Transportation Rulings Favor Limited Deference


Law360 (July 11, 2018, 7:56 PM EDT) — In the various transportation industry challenges he’s considered over the years, D.C. Circuit Judge Brett Kavanaugh has made clear his distaste for granting broad deference to federal agencies, making clear he expects regulators to carefully justify their decision- and rule-making processes.

President Donald Trump’s pick to fill the U.S. Supreme Court vacancy opened by retiring Justice Anthony Kennedy has tightly interpreted limits of the statutory authority of the U.S. Department of Transportation, the Federal Aviation Administration and the Surface Transportation Board during his 12 years on…

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