News & Analysis as of

Article III Regulatory Authority

Ballard Spahr LLP

‘Very, Very Fuzzy’: Opinion Overruling Chevron Creates Uncertainty for Regulated Industries

Ballard Spahr LLP on

Our recent webinar featured a conversation with noted legal scholars Craig Green, Charles Klein Professor of Law and Government at Temple University Beasley School of Law, and Kent Barnett, recently appointed Dean of the...more

Shipman & Goodwin LLP

The U.S. Supreme Court Halted Judicial Deference to Federal Agencies’ Statutory Interpretations. What Comes Next?

Shipman & Goodwin LLP on

In June 2024, in Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court sunk what remained of Chevron deference. Under that doctrine, tracing back to the 1984 decision Chevron U.S.A., Inc. v. Natural Resources Defense...more

Benesch

Will Jarkesy Be a Fatal Blow to Civil Enforcement in Administrative Agency Proceedings?

Benesch on

The end of the Supreme Court’s recent term saw two major decisions in the field of administrative law: Loper Bright Enterprises v. Raimondo and Securities & Exchange Commission v. Jarkesy. The Loper Bright decision, which...more

Morrison & Foerster LLP

Chevron Overruled and SEC Enforcement Cabined: Any Impact at the ITC?

For nearly 40 years, when a court found that a statute was ambiguous, it deferred to the reasonable interpretation of the federal agency administering the statute. This principle—known as Chevron deference, after the 1984...more

Snell & Wilmer

Meet the New Boss, Same as the Old Boss? The End of Chevron Deference and Its Impact on Employee Benefits

Snell & Wilmer on

On June 28, 2024, the Supreme Court published a landmark ruling that overturned decades of judicial deference to government agencies under the so-called Chevron doctrine. This decision fundamentally alters the landscape of...more

Littler

Supreme Court’s 2024 Term Could Transform Labor and Employment Law

Littler on

At the end of its 2024 term, the U.S. Supreme Court handed down four decisions limiting the power of federal agencies. While none of those decisions involved a labor and employment agency, all of them could transform labor...more

McGlinchey Stafford

This is the End … of Chevron Deference. What Does It Mean and What Comes Next?

McGlinchey Stafford on

On June 28, 2024, in a maximalist decision that went further than even the most ardent opponents of Chevron deference thought possible, the Supreme Court finally and emphatically overruled Chevron deference, the watershed...more

Husch Blackwell LLP

Landmark Supreme Court Decisions Restrain Federal Administrative Agency Power

Husch Blackwell LLP on

“Landmark” perhaps gets applied too often to court decisions these days, but the Supreme Court of the United States this week decided a pair of cases—Loper Bright Enterprises v. Raimondo and Securities and Exchange Commission...more

Holland & Knight LLP

Supreme Court Abortion Pill Ruling Doesn't Challenge FDA's Authority

Holland & Knight LLP on

The U.S. Supreme Court on June 13, 2024, unanimously ruled that plaintiffs did not have legal standing to challenge the U.S. Food and Drug Administration's (FDA) actions to establish dosing and availability requirements for...more

Burr & Forman

The Assault on the SEC’s Administrative Citadel Continues

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A panel of the D.C. Circuit recently relied on Lucia and Cochran to enjoin a FINRA regulatory enforcement action pending appeal of an Appointments Clause challenge....more

Bradley Arant Boult Cummings LLP

It’s None of Your Business: Sixth Circuit Says Arizona Lacks Article III Standing to Intervene to Challenge a Class Settlement

Does a state, whose citizens are among the absent class members in a class action settlement, have Article III standing to challenge the supposed unfairness of the settlement? In Chapman v. Tristar Products, Inc., the Sixth...more

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