News & Analysis as of

Loper Bright Enterprises v Raimondo Administrative Procedure Act Environmental Protection Agency (EPA)

Latham & Watkins LLP

Trump Administration Pursues Deregulation in a Trio of Orders

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The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive....more

Pillsbury - Gravel2Gavel Construction & Real...

Presidential Memo Directs Immediate Repeal of Regulations Without Public Notice and Comment

Continuing with the Trump administration’s deregulatory agenda, the White House issued a Presidential Memorandum on April 9 titled Directing the Appeal of Unlawful Regulations. It instructs executive agencies to repeal...more

Clark Hill PLC

Administrative Law Report - April 2025, Vol. 6

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed. ...more

Holland & Knight LLP

EPA Announces Deregulatory Initiative to "Power the Great American Comeback"

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U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more

Paul Hastings LLP

Texas Environmental Litigation in the Post-Chevron Deference Era

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This past term, the United States Supreme Court overruled Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) in companion cases Relentless, Inc. v. Dep’t of Commerce (No. 22-1219) and Loper...more

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

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

Dechert LLP

Dechert Re:Torts - Issue 19

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Testing the Waters: The Implications of Loper Bright on EPA’s New PFAS - Regulations - In the past year, the U.S. Environmental Protection Agency (“EPA”) finalized several significant rules to regulate per- and...more

Holland & Knight LLP

What's Next for the Regulatory Landscape Post-Chevron?

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For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

Morgan Lewis

DC Circuit Makes Clear Loper Bright Did Not End Deference to Agency Factual Determinations

Morgan Lewis on

In a decision on the US Environmental Protection Agency’s risk assessment of a chemical included in its Miscellaneous Organic Chemical Manufacturing (MON) rule, the US Court of Appeals for the District of Columbia Circuit...more

Verrill

Loper Bright and Massachusetts Environmental Law: Navigating the Boundaries of Federal and State Authority

Verrill on

While the SCOTUS’s Loper Bright Enterprises et al. (Loper) decision reversing Chevron was a win for those seeking to rein in the administrative state at the federal level, it does not sound the death knell for Massachusetts...more

Stoel Rives - Environmental Law Blog

The Chevron Doctrine’s Gone, but the APA Lives On

Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman...more

Foley Hoag LLP - Environmental Law

Some Evidence that Deference to Agency Technical Decisions May Survive Loper-Bright

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that...more

Ward and Smith, P.A.

The Chevron Doctrine Overturned: Implications for U.S. Regulatory Landscape

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In general, courts—not the legislative or executive branches of government—interpret the law. But since 1984, the Supreme Court required federal courts to disregard their own interpretation of ambiguous federal statutes....more

Foley Hoag LLP - Environmental Law

Does Loper-Bright Mean the End of Deference to Agency Expertise?

Greenwire (subscription required) had an article yesterday with the breathless headline “Post-Chevron era tests courts’ readiness to tackle science.” The article noted that, in the recent Supreme Court decision in Ohio v....more

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

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

Quarles & Brady LLP

The Future of Environmental Regulation after the Supreme Court Decisions in Loper Bright and Corner Post

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Just in time to celebrate our Nation’s birthday, the United States Supreme Court brought out its hammer to again chip away at the administrative state in two landmark decisions: Loper Bright Enterprises et al. v. Raimondo,...more

Jenner & Block

Client Alert: How Recent Supreme Court Decisions May Impact EHS Agencies and Regulations

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The Supreme Court’s recent term is likely to be remembered as one that significantly affected the long-standing roles and responsibilities of federal agencies, including the deference afforded to their interpretations of...more

Foley & Lardner LLP

The Supreme Court Changes Basic Tenets of Administrative Law - Complicating the Environmental Protection Agency’s Ability to...

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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

ArentFox Schiff

Can a ‘Tsunami’ Wash Away a Sea Change? Recent Supreme Court Administrative Decisions and Environmental Regulation

ArentFox Schiff on

Discussion of administrative law usually doesn’t happen at the dinner table. But a series of recent US Supreme Court decisions may have changed this introducing talk of the Administrative Procedure Act (APA) and the...more

Wiley Rein LLP

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner...

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The U.S. Supreme Court issued two opinions at the end of its term impacting environmental law. In Loper Bright Enterprises v. Raimondo, the Court held that courts must exercise independent judgment when determining if an...more

K&L Gates LLP

Down Goes Chevron—Environmental Challenges Will Soon Follow

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On Friday, 28 June 2024, the US Supreme Court released its opinion in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (collectively Loper Bright), overturning Chevron v. Natural Resources...more

Williams Mullen

Chevron Overruled - The Widespread Impact Might Just Surprise You

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The Supreme Court overruled the 40-year-old Chevron doctrine of judicial deference given to administrative agency actions in an opinion released last week. On June 28, 2024, the court held that federal courts no longer must...more

Morgan Lewis

The End of the Chevron Doctrine: an Environmental Law Watershed?

Morgan Lewis on

The US Supreme Court’s opinion in the Loper Bright v. Raimondo and Relentless v. Commerce cases overruling the rule of deference to agency interpretations of federal statutes established by its decision 40 years ago in...more

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