Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long standing Chevron deference principle. Here, the International Trade and Logistics Group offers...more
7/30/2024
/ Administrative Authority ,
Chevron Deference ,
Customs and Border Protection ,
Federal Maritime Commission ,
Foreign Policy ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Office of Foreign Assets Control (OFAC) ,
Separation of Powers ,
Stare Decisis ,
U.S. Commerce Department ,
USTR
As summarized by our Government Division colleagues last week, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo has overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding that...more
7/9/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
FCC ,
Government Agencies ,
Judicial Authority ,
Judicial Review ,
Jury Trial ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Statute of Limitations ,
Statutory Interpretation ,
Telecommunications
In a monumental opinion issued today, the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., holding (6-3) that deference to an agency's...more
7/1/2024
/ Administrative Procedure Act ,
Chevron Deference ,
Chevron v NRDC ,
Constitutional Challenges ,
Government Agencies ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Regulatory Authority ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Stare Decisis ,
Statutory Interpretation ,
Unconstitutional Condition
On the surface, a dispute over whether small fishing businesses should be required to pay for onboard monitors to observe their catch would not appear to be a potential game-changer for administrative law. But when the...more
The U.S. Supreme Court on Monday agreed to review Loper Bright Enterprises v. Raimondo, a direct challenge to Chevron deference. A decision in the case could either overrule Chevron altogether, or alternatively narrow the...more