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Regulatory Authority Chevron Deference Judicial Authority

Miller Starr Regalia

The Federal Clean Water Act In 2025: A Retracting Construction

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More than 50 years ago, the Federal Clean Water Act (CWA or Act) was enacted by Congress to protect the quality of the Nation’s waters. The scope of that protection has been evolving ever since. Until relatively recently, the...more

Seyfarth Shaw LLP

Wage and Hour Around The Corner: To Defer or Not to Defer: That is the Question Facing Lower Fed Courts and States After SCOTUS...

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Following the US Supreme Court’s decision in Loper Bright announcing the end of Chevron deference, lower federal courts have begun to apply the decision to uphold some federal wage-hour rules while striking down others; state...more

Beveridge & Diamond PC

Texas District Court Rules FWS Must Consider the Cost of Protecting Threatened Species

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On March 29, 2025, a Texas District Court ruled that the U.S. Fish and Wildlife Service (FWS) should have considered economic costs when crafting protections for the lesser-prairie chicken, a threatened species, under Section...more

Epstein Becker & Green

The LDT Final Rule Bites the Dust: Examining the Repercussions of the Federal Court’s Vacatur and What the Future May Hold

On March 31, 2025, Judge Sean D. Jordan of the U.S. District Court for the Eastern District of Texas ruled that the Food and Drug Administration (FDA) lacks the statutory authority to regulate laboratory developed tests...more

Saul Ewing LLP

Federal Court Ends Net Neutrality for Broadband Providers

Saul Ewing LLP on

The Federal Communications Commission (“FCC”) lacks the authority to impose rules on broadband internet and mobile broadband providers, according to a recent ruling from the United States Court of Appeals for the Sixth...more

Carlton Fields

Move Over Loper Bright — Nondelegation Doctrine Is Administrative State’s New Battleground

Carlton Fields on

Last term’s opinion in Loper Bright Enterprises v. Raimondo was a landmark in the U.S. Supreme Court’s administrative law jurisprudence, overturning 40 years of Chevron deference with a pen stroke. The Loper Bright/Chevron...more

K&L Gates LLP

The Post-Chevron Toolkit: The New Era for Regulatory Review

K&L Gates LLP on

In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...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

Tucker Arensberg, P.C.

Supreme Court Overturns Landmark Decision: What Does the End of Chevron Deference Mean for the Iron and Steel Industries?

Tucker Arensberg, P.C. on

On 28 June 2024, the U.S. Supreme Court issued a landmark decision in the case of Loper Bright Enterprises v. Raimondo, overturning its decision in Chevron USA v. National Resources Defense Council, and with it, 40 years’...more

Venable LLP

A "Tsunami of Lawsuits Against Agencies"? Taking Stock of the Post-Chevron Government Contracting World

Venable LLP on

The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more

Skadden, Arps, Slate, Meagher & Flom LLP

Insights - September 2024

In this edition of Insights, we take a closer look at the megadeals and sponsor transactions driving recent M&A activity, the importance of staying ahead of the risks in AI development and deployment, and other diverse...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

Holland & Knight LLP

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

Holland & Knight LLP on

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

Mandelbaum Barrett PC

How the Supreme Court’s Loper Decision Overturns Chevron Doctrine and Impacts Employment Law

Mandelbaum Barrett PC on

The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, __ U.S. __ (2024), overturning the 40-year-old Chevron doctrine, drastically reshapes administrative law....more

Baker Donelson

60 Days After Loper: Health Care Impact of Chevron Deference's End

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The Supreme Court of the United States issued its highly anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine on June 28, 2024. Foreshadowed by decisions in recent years slighting Chevron, it...more

WilmerHale

The Future Of Agency Deference After Loper Bright

WilmerHale on

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...more

Genova Burns LLC

Sixth Circuit Declines to Defer to NLRB Decision Citing Loper Bright

Genova Burns LLC on

There has been much speculation about how much deference the courts will give to federal administrative agencies,’ including the NLRB’s, statutory interpretations in the wake of the Supreme Court’s June Loper Bright decision...more

Sheppard Mullin Richter & Hampton LLP

Farewell, Chevron: Navigating Corporate Regulation Under Loper Bright

In Loper Bright Enterprises v. Raimondo, No. 22-451 (U.S. June 28, 2024), the United States Supreme Court (Roberts, J.) held that the Administrative Procedure Act (APA) requires courts to independently determine whether an...more

BakerHostetler

[Podcast] AD Nauseam: To Defer or Not to Defer: Courts and the FTC after Loper Bright

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On today’s episode of Ad Nauseam, Amy and Daniel have a returning special guest – Randy Shaheen, their partner at Baker Hostetler in the Advertising Marketing & Digital Media practice. Randy also teaches advertising law at...more

Cadwalader, Wickersham & Taft LLP

Loper Bright, Jarkesy, and Implications for the SEC

“Chevron is overruled,” Chief Justice Roberts wrote in Loper Bright Enterprises v. Raimondo, because “[t]he deference that Chevron requires of courts reviewing agency action cannot be squared with the [Administrative...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

Braumiller Law Group, PLLC

Hot Topics in International Trade - August 2024 - Judicial Deference in Customs Litigation

One of the most anticipated decisions of the Supreme Court’s recent term was Loper Bright Enterprises v. Raimondo. While the specific underlying dispute in Loper Bright isn’t relevant to the trade community—did fishermen...more

Shipman & Goodwin LLP

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

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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

Ward and Smith, P.A.

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

Ward and Smith, P.A. on

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

Schwabe, Williamson & Wyatt PC

The Net-Net: How the Supreme Court’s Administrative Law Rulings Could Transform the Tech Industry ‎

This summer, the Supreme Court ended its term shortly after issuing game-changing rulings that modify the authority of federal agencies. Given the result of restraining agencies such as the FTC and FCC from interpreting and...more

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