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Supreme Court of the United States Loper Bright Enterprises v Raimondo

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Benesch

Post-Chevron Transportation & Logistics Regulatory Enforcement

Benesch on

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

Goldberg Segalla

Did San Francisco Awaken the Ghost of the Chevron Doctrine? The Supreme Court Weighs In

Goldberg Segalla on

During the first week of oral arguments of its new term, the U.S. Supreme Court heard City & County of San Francisco v. Environmental Protection Agency. This case marks the court’s first look at the Clean Water Act following...more

ArentFox Schiff

New SCOTUS Case Involving Venue for Clean Air Act Challenges Matters to Your Business

ArentFox Schiff on

While a dispute over the Clean Air Act’s (CAAs) venue provision may seem arcane, a forthcoming US Supreme Court decision will affect core principles of the separation of powers and constitutional due process in ways that may...more

Foley & Lardner LLP

Losing for Winning: Dartmouth Basketball Team’s Ill-Fated Unionization Effort

Foley & Lardner LLP on

The Dartmouth men’s basketball team is scheduled to tip-off its 2024-25 NCAA season. Not surprisingly, they will do so without a labor contract, notwithstanding the team’s historic vote last March to unionize under federal...more

Eversheds Sutherland (US) LLP

Supreme Court to consider FCC's power to interpret the Telephone Consumer Protection Act

The United States Supreme Court will hear the case McLaughlin Chiropractic Associates Inc. v. McKesson Corporation, which poses the question of whether federal district courts, under the Hobbs Act, must adhere to the rulings...more

Wiley Rein LLP

Loper Bright’s Potential Effects on “Chevron-Like” Deference Doctrines

Wiley Rein LLP on

On June 28, 2024, the U.S. Supreme Court sent shockwaves across the administrative law landscape when it handed down Loper Bright Enterprises v. Raimondo, overruling the 40-year-old Chevron doctrine and its two-step framework...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (52): The Loper Bright Decision and What it Means for DOL Exemptions (2)

As I explained in my last post, Fiduciary Rule 51, I have been asked whether the Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce et al. could affect the outcome of the litigation...more

Tucker Arensberg, P.C.

Supreme Court Overturns Landmark Decision: What Does the End of Chevron Deference Mean for the Iron and Steel Industries?

Tucker Arensberg, P.C. on

On 28 June 2024, the U.S. Supreme Court issued a landmark decision in the case of Loper Bright Enterprises v. Raimondo, overturning its decision in Chevron USA v. National Resources Defense Council, and with it, 40 years’...more

Health Care Compliance Association (HCCA)

The sky is not falling

This summer, the U.S. Supreme Court overruled the Chevron deference in a 6–3 decision, holding that “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” As...more

Nutter McClennen & Fish LLP

Nutter Securities Enforcement Update: Oct. 1 Quarterly Review

The Nutter Securities Enforcement Update is a periodic update of noteworthy recent securities enforcement activity, settlements, decisions, and charges. We provide brief summaries that highlight recent enforcement action...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (51): The Loper Bright Decision and What it Means for DOL Regulations (1)

I have been asked whether the Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce et al. could affect the outcome of the litigation about the validity of the DOL’s fiduciary...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Corner Post – Opening Up Administrative Procedures Act, Challenges To The Sentencing Guidelines

In our recent post, “As Chevron Goes, So Goes the Sentencing Guidelines”, we discussed the possible ramifications the U.S. Supreme Court decision in Loper Bright might have on the Sentencing Guidelines going forward. Namely,...more

McGlinchey Stafford

Supreme Court to Hear TCPA Class Action on Unsolicited Faxes and Online Fax Services

McGlinchey Stafford on

For the second time in five years, the U.S. Supreme Court will decide a case that arises out of the Telephone Consumer Protection Act’s (TCPA) ban on the sending of unsolicited faxes. On Friday, October 3, 2024, the Court...more

Venable LLP

A "Tsunami of Lawsuits Against Agencies"? Taking Stock of the Post-Chevron Government Contracting World

Venable LLP on

The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more

Adams and Reese LLP

Supreme Court Declines to Stay EPA Mercury and Methane Rules

Adams and Reese LLP on

On October 4, 2024, without opinion and no recorded dissents, the United States Supreme Court handed the Biden Administration two wins on notable climate change regulations, denying emergency stay applications against...more

Carlton Fields

Outlook Dark for the SEC’s ESG Rule After Loper Bright

Carlton Fields on

For 40 years, the standard of review for agency rulemaking was set forth in the U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. Chevron held that when a statute is silent or...more

Davis Wright Tremaine LLP

District Court Vacates CFTC Prohibition on Trading "Congressional Control Contracts" Predicting Election Results

On September 6, 2024, the U.S. District Court for the District of Columbia ruled in favor of KalshiEx LLC ("KalshiEx"), lifting a September 2023 order issued by the Commodity Futures Trading Commission ("CFTC") prohibiting...more

Carlton Fields

Breeze or Gale? Unanswered Questions at the Heart of the Supreme Court’s Recent Administrative Law Decisions

Carlton Fields on

When legal historians look back on the U.S. Supreme Court’s 2024 term, the most eye-popping decisions will almost certainly be the immunity and ballot access claims lodged by former President Trump. Those opinions are,...more

Jackson Lewis P.C.

U.S. Supreme Court to Consider Circuit Split on Voluntary-Departure Deadline

Jackson Lewis P.C. on

Noncitizens present in the United States illegally and facing deportation can request voluntary departure instead of a removal order under certain circumstances. If granted, an individual who follows the court’s directive...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights - September 2024

In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...more

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the Set-Aside of the FTC’s Ban on Noncompetes

In Ryan LLC v. Federal Trade Commission, the Federal Trade Commission’s (FTC’s) final noncompete rule was held to be “unlawful and set aside” by Judge Ada Brown of the U.S. District Court for the Northern District of Texas....more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Decisions Curtail Regulatory Agencies’ Powers, Making It Easier To Challenge Rules

The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more

Mintz - ML Strategies

2024 Pre-Election Analysis: Consumer Product Safety

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In this installment of ML Strategies’ Pre-Election Analysis series, we discuss the potential impact the 119th congress and presidential election on consumer product safety. Like other spheres of federal public policy,...more

Davis Wright Tremaine LLP

Basel Endgame Rules: A Change Is Coming

The Announcement and Its Sources - Last week, the vice chairman of the Federal Reserve Board, Michael S. Barr, gave prepared remarks at the Brookings Institution announcing a significant recalibration of the Fed's Basel...more

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