The Supreme Court's decision in Loper Bright Enterprises v. Raimondo1 has been described as accomplishing a seismic shift in administrative law. Rightly so. In the decision, the Court did away with so-called Chevron deference—a longstanding, across-the-board presumption that whenever a statute a federal agency is charged with administering contains an ambiguity, Congress intended that agency, rather than an Article III court, to resolve the statutory ambiguity. In dispensing with that presumption, Loper Bright seized interpretive authority for courts that had rested with executive branch agencies.

Originally published in Bloomberg Law - August 2024.