Overview
On June 28, 2024, in Loper Bright Enterprises v. Raimondo, the US Supreme Court overruled the decades-old Chevron doctrine. This decision means that courts must now determine the meaning of federal statutes and effectively dismantles the authority that agencies held for more than 40 years to interpret statutory ambiguities. With this shift in the balance of power between agencies and courts, businesses are likely to face both increased risk and opportunity when interacting with agencies.
Explore our available insights and resources to stay up to date on doing business in a post-Chevron world. McDermott can help your company navigate the uncertainty and assess new opportunities, including through a regulatory litigation strategy.
INSIGHTS
How Three SCOTUS Decisions Could Impact Healthcare Organizations’ FCA and Agency CMP Litigation Strategies: Three Supreme Court decisions, including Loper Bright, will likely strengthen healthcare organizations’ ability to both affirmatively sue executive agencies to challenge regulations governing operations and defend enforcement actions.
Loper Bright and the 340B Statute: Loper Bright likely opened opportunities for further legal challenges to the Health Resources and Services Administration’s interpretation and application of the 340B statute, and we expect that much of the 340B statute will be subject to interpretation by federal courts.
Supreme Court Overrules Chevron, Opening Door for New Tax Reg Challenges: Taxpayer have new opportunities for taxpayers to challenge federal tax regulations, as courts will no longer defer to agency interpretations of ambiguous statutes. Challenges previously unsuccessful or not pursued may now have a greater chance of success.
Loper Bright Could Shift Outlook for FDA Challenges: Parties regulated by the US Food and Drug Administration (FDA) should pay attention to the important implications this decision has for the operation of the FDA and the prospects of legal challenges to FDA actions.
McDermottPlus Check-Up | June 28, 2024: The Supreme Court’s decision could fundamentally impact the federal rulemaking process, given that courts will have more discretion to reject agency expertise or interpretation.
Good News for SALT Taxpayers? Supreme Court Overturns Federal Agency Deference: While Loper Bright addressed deference to administrative agencies under the federal Administrative Procedure Act, its outcome may give state and local taxpayers a better chance of persuading state courts that a tax authority’s interpretation of a tax statute is invalid.
US Supreme Court Overturns Chevron Deference: The landmark decision in Loper Bright signals substantially enhanced opportunity for regulated entities to challenge agency rules and actions and to insist that agencies strictly comply with statutory mandates.
WEBINARS AND PODCASTS
New Frontiers for Regulatory Litigation Following Loper Bright: Material Opportunity for Health Systems: Learn why health systems may engage with regulatory litigation following the overturn of Chevron and the steps necessary for successfully doing so.
Doctrine Disrupted: Doing Business in a Post-Chevron World: View the key takeaways from and recording of a webinar that breaks down the Supreme Court’s decision and previews what lies ahead for the business community.
Supreme Court Overturns Chevron Deference: In light of the Supreme Court’s decision, we discuss what it means for the health industry.
Congress and the Chevron Deference: In anticipation of the Supreme Court’s decision, we discussed the implications it could have for Congress.
IN THE NEWS
Immigration Proponents Get Boost From End to Chevron Doctrine, Bloomberg Law
SEC’s Ambitious Agenda Snagged as Supreme Court Limits Powers, Bloomberg Law
Chevron‘s End is Just the Start for Energized Agency Foes, Law360
In Chevron Case, Justices Trade One Unknown for Another, Law360
Post-Chevron: Lower Court Fights are Expected Over Ability to Challenge Pre-Loper Agency Rules, The National Law Journal
Supreme Court Pares Back Federal Regulatory Power, The Wall Street Journal