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Loper Bright v. Raimondo

U.S. Supreme Court overrules Chevron and restores courts’ obligation to exercise independent judgment - On June 28, 2024, in one of the last decisions of the Term, the U.S. Supreme Court issued its long-awaited decision in...more

Taking Cues from Justice Department, New Executive Orders Limit Agency Use of Guidance to Establish and Enforce Regulatory Policy

On October 9, 2019, President Trump signed two executive orders: Promoting the Rule of Law Through Improved Agency Guidance (Executive Order 13891) (the “Guidance Executive Order”) and Promoting the Rule of Law Through...more

Echoes of the Brand Memo: Agencies Issue Statements Limiting the Use of Guidance Documents

Following the lead of the Department of Justice, several agencies issued statements disclaiming guidance as legally binding authority. The Governors of the Federal Reserve System, the Federal Deposit Insurance Corporation,...more

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