Robert Kappers’ Post

The US Supreme Court's recent decisions in Loper Bright and Corner Post will likely result in an avalanche of new litigation challenging agency interpretations of federal law. Loper Bright overturned the 40-year old doctrine known as Chevron deference which gave administrative agencies the power to interpret ambiguous federal statutes. Corner Post clarified that the six-year general statute of limitations for administrative challenges doesn't start until a rule is first applied to a party. The decisions in both cases are expected to cause instability in administrative law for years, leading to litigation against federal agencies challenging their rules and regulations and a busier docket for both the Supreme Court and lower courts. Read our recent client alert, authored by Steptoe partners Shannen Coffin, John Byron, and Shaun Boedicker, “Loper Bright and Corner Post Open Wide the Doors for Federal Court Challenges to Agency Interpretations of Federal Law.”

The US Supreme Court's recent decisions in Loper Bright and Corner Post will likely result in an avalanche of new litigation challenging agency interpretations of federal law. Loper Bright overturned the 40-year old doctrine known as Chevron deference which gave administrative agencies the power to interpret ambiguous federal statutes. Corner Post clarified that the six-year general statute of limitations for administrative challenges doesn't start until a rule is first applied to a party. The decisions in both cases are expected to cause instability in administrative law for years, leading to litigation against federal agencies challenging their rules and regulations and a busier docket for both the Supreme Court and lower courts. Read our recent client alert, authored by Steptoe partners Shannen Coffin, John Byron, and Shaun Boedicker, “Loper Bright and Corner Post Open Wide the Doors for Federal Court Challenges to Agency Interpretations of Federal Law.”

The US Supreme Court's recent decisions in Loper Bright and Corner Post will likely result in an avalanche of new litigation challenging agency interpretations of federal law. Loper Bright overturned the 40-year old doctrine known as Chevron deference which gave administrative agencies the power to interpret ambiguous federal statutes. Corner Post clarified that the six-year general statute of limitations for administrative challenges doesn't start until a rule is first applied to a party. The decisions in both cases are expected to cause instability in administrative law for years, leading to litigation against federal agencies challenging their rules and regulations and a busier docket for both the Supreme Court and lower courts. Read our recent client alert, authored by Steptoe partners Shannen Coffin, John Byron, and Shaun Boedicker, “Loper Bright and Corner Post Open Wide the Doors for Federal Court Challenges to Agency Interpretations of Federal Law.”

The US Supreme Court's recent decisions in Loper Bright and Corner Post will likely result in an avalanche of new litigation challenging agency interpretations of federal law. Loper Bright overturned the 40-year old doctrine known as Chevron deference which gave administrative agencies the power to interpret ambiguous federal statutes. Corner Post clarified that the six-year general statute of limitations for administrative challenges doesn't start until a rule is first applied to a party. The decisions in both cases are expected to cause instability in administrative law for years, leading to litigation against federal agencies challenging their rules and regulations and a busier docket for both the Supreme Court and lower courts. Read our recent client alert, authored by Steptoe partners Shannen Coffin, John Byron, and Shaun Boedicker, “Loper Bright and Corner Post Open Wide the Doors for Federal Court Challenges to Agency Interpretations of Federal Law.”

The US Supreme Court's recent decisions in Loper Bright and Corner Post will likely result in an avalanche of new litigation challenging agency interpretations of federal law. Loper Bright overturned the 40-year old doctrine known as Chevron deference which gave administrative agencies the power to interpret ambiguous federal statutes. Corner Post clarified that the six-year general statute of limitations for administrative challenges doesn't start until a rule is first applied to a party. The decisions in both cases are expected to cause instability in administrative law for years, leading to litigation against federal agencies challenging their rules and regulations and a busier docket for both the Supreme Court and lower courts. Read our recent client alert, authored by Steptoe partners Shannen Coffin, John Byron, and Shaun Boedicker, “Loper Bright and Corner Post Open Wide the Doors for Federal Court Challenges to Agency Interpretations of Federal Law.”

Law 360 posted NCLA and fellow contributors to the Loper-Bright end of Chevron as "legal lions" of the week. I post the applicable parts here: Law360 (July 5, 2024, 4:39 PM EDT) -- New Civil Liberties Alliance , Latham & Watkins LLP , Clement &Murphy PLLC and Cause of Action Institute easily lead this week's edition of Law360 Legal Lions, afterpersuading the U.S. Supreme Court to overturn a 40-year-old precedent that said when judgesshould defer to federal agencies' interpretations of law in rulemaking. The 6-3 decision handed a win on June 28 to fishing industry plaintiffs in Loper Bright v. Raimondoand Relentless v. Department of Commerce that sought the destruction of so-called Chevron deference and introduced significant uncertainty about how lower courts will weigh competing legalarguments in the large arena of rulemaking litigation. The decision has wiped out a statutory interpretation rule established in the court's 1984 decision inChevron v. Natural Resources Defense Council , which instructed courts on when to defer toadministrative agencies' readings of ambiguous laws. The justices split along ideological lines to findthat the so-called Chevron doctrine "cannot be reconciled" with the Administrative Procedure Act,which subjects federal agency rulemaking to judicial review. The decision may dissipate the "eternal fog of uncertainty" surrounding federal agency actions andlevel the playing field in challenges of government policies, but some lawyers have since warned that it raises new questions over what rules courts must follow and how judges will implement them. The two New England fishing companies in Loper Bright are represented by Paul D. Clement, AndrewC. Lawrence and Chadwick J. Harper of Clement & Murphy PLLC, and Ryan P. Mulvey, Eric B. Bolinderand R. James Valvo III of Cause of Action Institute. The fishing companies in Relentless are represented by John J. Vecchione, Mark S. Chenoweth, KaraM. Rollins and Philip Hamburger of the New Civil Liberties Alliance, and Roman Martinez, Charles S.Dameron, Michael Clemente, William J. Seidleck, Alexander G. Siemers and Jacob P. Shapiro ofLatham & Watkins LLP.

In the span of five days, the U.S. Supreme Court issued three decisions with the potential to significantly alter the future of federal administrative law: Chevron is overruled; right to jury trial in many agency enforcement actions is guaranteed; and claim accrual date for Administrative Procedure Act claims are fixed. In this recent alert, Attorneys Gary Steinbauer, Jessica Deyoe and Joseph Schaeffer explain the implications of these decisions. https://lnkd.in/eYuRb_P4 #babstcalland #administrativelaw

The Supreme Court's decision in Loper Bright to overturn the Chevron doctrine has raised questions on the continuing vitality of those lower court decisions that relied on Chevron to uphold agency regulations. A new product by the Congressional Research Service's American Law Division considers the relationship between Loper Bright and earlier cases that applied Chevron deference, including the possibility that circuit splits emerge between those circuits that upheld agency interpretations under Chevron and those circuits that might consider, for the first time, challenges by different parties to those interpretations brought under the post-Loper Bright framework. The product concludes by briefly recapping 40 appellate court decisions in recent years where Chevron deference was applied to uphold agency action addressing a broad range of topics. Read it here: https://lnkd.in/eVSsDyfV (Any positions, statements, commentary, or views expressed by the author here are solely those of the author in his personal capacity and are not presented as those of the Congressional Research Service or the Library of Congress.) #chevron #loperbright #relentless #federalcourts #adminlaw #congress

The recent Supreme Court decision to overturn the Chevron doctrine marks a significant shift in the judicial landscape. Cary Coglianese, Director of the Regulatory Analysis and Decision-Making Executive Education Program at the University of Pennsylvania Carey Law School, provides valuable insights into the far-reaching implications for regulatory agencies and the broader legal landscape. Dive into this important discussion and understand how these changes could affect various sectors, from environmental policy to financial regulation. 👉 Read more here: https://lnkd.in/esZq8qUH #LegalUpdate #RegulatoryLaw #SupremeCourt #ChevronDoctrine #ExecutiveEducation