Dechert LLP’s Post

"Key Takeaways In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled the doctrine of Chevron deference but made clear that cases relying on Chevron’s interpretive framework remain good law subject to statutory stare decisis. The Court held in Corner Post, Inc. v. Board of Governors of the Federal Reserve System that the limitations period for claims arising under the Administrative Procedure Act (APA) does not begin to run until the plaintiff sustains an injury from final agency action. In Ohio v. EPA, the Court in an emergency posture concluded that an EPA ozone regulation was arbitrary and capricious. And in SEC v. Jarkesy, the Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties for a violation of the antifraud provisions of the federal securities laws, a defendant’s Seventh Amendment jury trial right applies. These decisions continue a strong trend of Supreme Court opinions that constrain administrative authority and empower regulated parties to challenge aggressive agency rulemaking." #SupremeCourt #APA #administrativelaw #Fed #EPA #constitution #separationofpowers #Federalism #DechertLLP

A very important read.

On Friday, June 28, the Supreme Court made a landmark decision in the case of Loper Bright v. Raimondo, overturning the 40-year-old Chevron precedent. Check out this article by Travis Wussow and Michael Nasi as they provide insights on the recent decision, along with two other significant cases from this term that significantly impact administrative law and the balance of power among the government branches. Noted in the article: “Taken together, these cases mean that regulated individuals have a more potent set of tools at their disposal for bringing Administrative Procedure Act challenges to new regulations. Over the long term, Loper Bright should produce greater regulatory stability, as courts will provide more oversight over attempts by agencies to expand regulatory scope through novel statutory interpretation.” Read the full article: https://lnkd.in/gHVdkH5W #SupremeCourt #Chevron #LoperBright #AdministrativeLaw #RegulatoryReform

In a major recent decision, the U.S. Supreme Court eliminated the rule of "Chevron deference" which had required judges to defer to federal agencies' interpretations of ambiguous statutes. Our firm was pleased to file three amicus briefs on behalf of our clients in support of this decision. The overruling of Chevron will have significant implications for challenges to agency actions. Suits challenging agency actions are now more likely to succeed because courts are no longer required to accord controlling deference to agencies' legal interpretations. For more about the far-reaching impact of this decision, please take a look at the article linked below.

Today in a 6-3 decision, the Supreme Court put an end to Chevron Deference. For decades, federal agencies were able to rely on this doctrine to fill the gaps in ambiguous provisions of congressional statutes. Since 1984, federal agencies promulgated regulations utilizing their specialized expertise with the assumption that courts would uphold their interpretations of congressional regulation so long as they were deemed reasonable. This decision puts into question the many federal regulations that have been upheld by the 18,000+ judicial opinions that have cited Chevron. The currently stayed SEC Climate Rule is no doubt made more vulnerable to legal challenges. In the coming years, lawyers and politicians face the critical challenge of drafting rules and regulations that will survive post-Chevron. The language employed in forthcoming congressional delegations and agency regulations are now more important than ever. https://lnkd.in/eyECE8-Q #Chevron #Chevrondeference #SupremeCourt #LoperBrightEnterprises

On June 28, 2024, #SCOTUS issued a 6-3 opinion in Loper Bright Enterprises v. Raimondo removing the requirement that federal courts defer to agency interpretations on matters of law, overruling the Chevron decision. Read more about this decision and the three amicus briefs Holtzman Vogel filed for clients in support of the decision, in a recent update by Drew Ensign, Kenneth Daines and Gabriel Blacklock. #AppellateLaw #ConstitutionalLaw #AdministrativeLaw https://lnkd.in/en2vgwwj

SCOTUS Axes Chevron Deference About 5 months ago, I first wrote on LinkedIn about Loper Bright and Relentless (the latter having ties to Rhode Island), the consolidated cases against NOAA which the U.S. Supreme Court took up as a means of reconsidering the #deference afforded agencies by the #Chevron decision. Just before the oral arguments that hinted that the Court might well overturn it, and so they did. Contrary to a lot of what I've been reading about the Court's decision here, Chevron does not really "get at" the #science involved in #policy and #decisionmaking, but rather relates to an agency's interpretations of #statutes they are authorized to carry out/enforce. To me, the decision to overturn Chevron is one that places #interpretation of #laws back within the ambit of the judicial branch of government, as opposed to the executive branch (putting aside, but cognizant of, the #political backdrop behind the Reagan-era Chevron decision and the more recent efforts to overturn it). Anyway, what's the big deal with this highly anticipated decision from the Court's current term? Increased #litigation in this area should be expected. If you're impacted by federal agency #regulation (and, highly likely that you are), get ready for the roller coaster ride! Things may change often and quickly. Make sure you are closely tracking laws, #regulations, and policy issues related to you or your business, or that someone is tracking for you. If anyone wants to talk about what might be on the horizon now in the context of #marine, #maritime, #admiralty #law, feel free to get in touch. Decision here: https://lnkd.in/eahYYXQe

The Supreme Court’s decision to strike down the Chevron doctrine could mean that businesses may have to endure expensive legal battles to get ambiguities of law pertinent to their cases clarified in a reliable way. Andrew Howayeck shares background on this landmark decision and what it means for businesses in our latest DE Insight. #chevron #supremecourt #scotus #DEinsights #federallaw

Insight on the recent Supreme Court argument on Chevron from the Steptoe team. If you want more direct insight on impacts in the energy space (particularly FERC), touch base with Shaun Boedicker or I can connect you.

From ArentFox Schiff: On the second-to-last day of its term, the US Supreme Court issued its decisions in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Dep’t of Commerce. These decisions overruled Chevron USA. v. National Resource Defense Council, the 40-year-old precedent that established the “Chevron” doctrine, which gave federal agencies a certain amount of deference to interpret statutes they administer. ... Understanding that for many, this decision has resulted in a deep dive into arcane issues of constitutional law and regulatory policy, below we ask and answer nine questions about the decision, its background, context, and likely impact. #scotus #loperbright #chevrondoctrine #chevrondeference