Overview
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the US Supreme Court overruled the decades-old Chevron doctrine. That decision marks the end of judicial deference to agency interpretations of statutory ambiguities.
Join our experienced Supreme Court & Appellate Litigation Practice Group lawyers for a breakdown of the decision and a preview of what lies ahead for the business community.
Discussion topics will include:
- What remains of agency authority: The speakers will discuss how courts will now address agency constructions of statutes and, of especially critical importance, how courts will review agency rulemaking in circumstances where there is either explicit or implicit delegation of authority to an agency to engage in rulemaking that extends beyond interpretation.
- A judicial spotlight on agency action: The overturning of Chevron is but one – albeit consequential – chapter in the Supreme Court’s broader agenda of reshaping the balance of power among agencies, Congress and the judiciary. The speakers will situate Loper Bright in the broader constellation of agency actions, including the major questions doctrine and Seventh Amendment’s restrictions on agency adjudications.
- How to prepare challenges to agency rulemakings and adjudications: Given the touchstone of “reasoned decisionmaking,” it is essential that regulated entities prepare far in advance to ensure a favorable administrative record. Administrative litigation is often won or lost before the complaint is ever filed.
