The United States Supreme Court recently brought to a close 40 years of “Chevron deference” and its guidance for legal interpretation of certain federal agency decision-making authority. In two instances, the United States...more
A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more
In Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024), the United States Supreme Court (Roberts, J.) held that the Administrative Procedure Act (APA) requires courts to independently determine whether an...more
Forty years ago, the US Supreme Court’s decision in Chevron USA, Inc. v. National Resources Defense Council, 46 US 837 (1984), upended administrative law practice. In brief, that case, for which the “Chevron doctrine” is...more
The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more
On June 28, 2024, the Supreme Court overturned Chevron deference in a 6-3 decision in Loper Bright Enterprises v. Raimondo, Case No. 22-452. As a result, courts will no longer need to defer to an agency’s interpretation of a...more
The demise of Chevron opens up new potential defenses in False Claims Act (FCA) cases. On June 28, 2024, the Supreme Court, in Loper Bright Enterprises v. Raimondo, put an end to Chevron deference to agency interpretation...more
In a trio of cases, the Supreme Court has changed the balance of power between courts and federal agencies. The combination of these three cases will likely lead to significant litigation in multiple courts, repeated...more
On June 28, the US Supreme Court overturned the Chevron doctrine — the legal principle that the judiciary should defer to a federal agency’s reasonable interpretation of an ambiguous statute. Chevron reflected the view...more
The Supreme Court is at war with the “administrative state.” In three major cases decided at the end of the Supreme Court’s last term, the Court decided against the administrative state, reducing the powers of administrative...more
On June 28, 2024, the United States Supreme Court issued a 6-3 decision in Loper Bright Enterprises v. Raimondo that overturned the “Chevron deference” standard laid out in Chevron, U.S.A., Inc. v. Natural Resources Defense...more
On June 28, the Supreme Court abrogated the Chevron doctrine that has guided courts’ review of agency actions for the past 40 years. Chevron mandated that courts defer to an agency’s reasonable interpretation of an ambiguous...more
Chevron is out of gas. For the past 40 years, Chevron U.S.A. v. Natural Resources Defense Council (Chevron), was the seminal case of administrative law holding that federal courts defer to agency’s interpretations of...more
Over the last forty years the Chevron doctrine, established by the Supreme Court in Chevron U.S.A, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a pillar of administrative law in the United...more
In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled the doctrine of Chevron deference but made clear that cases relying on Chevron’s interpretive framework remain good law subject to statutory stare decisis. ...more
In the consolidated cases Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce, the U.S. Supreme Court overruled Chevron v. NRDC, the 1984 case that established the...more
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., which for 40 years required court deference to reasonable agency...more
When an ambiguity exists in a statute for which Congress has not chosen among the reasonable readings, who decides which possible reading should govern? For nearly four decades, courts have followed the rule of Chevron...more
You may be asking. What is Chevron deference? How did it die? Why should I care? All fair questions. I will start by answering the last one. If you own, operate, or manage a business covered by the complex web of federal...more
The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law...more
On June 28, in a 6-3 decision of Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce, et al., 603 U.S. ___ (2024), the Supreme Court overturned a 40-year precedent known as “Chevron deference,” which required...more
For the past forty years, governmental agencies enjoyed a strong deference by the courts regarding challenges to their legal authority to develop and implement regulations. This deference made it difficult for the regulated...more
For nearly 40 years, when a court found that a statute was ambiguous, the court deferred to the reasonable interpretation of the federal agency administering the statute. This principle—known as Chevron deference, after the...more
On Friday, June 28th, the Supreme Court issued a landmark decision that severely limits the power of federal agencies to interpret the laws they enforce. The decision in Loper Bright Enterprises v. Raimondo requires courts to...more
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court reversed its 40-year-old decision in Chevron v. Natural Resources Defense Council, thereby restoring the judiciary’s final authority...more