Allen Matkins’ Post

This is one of the most thorough explanations of #Chevron that I’ve seen. 

Thanks, Richard! I immensely enjoyed moderating this program at the #buslaw2023 sponsored by the #CFSC. The takeaways: 1. Although those of us who are industry lawyers generally don’t want the Supreme Court to overrule the Chevron judicial deference framework, the panelists believe that the Court will overrule the 1984 Chevron framework. 2. There are hundreds of cases where courts have validated federal agency regulations based exclusively on Chevron deference, including many cases in the Supreme Court. One of the cases is the 1996 Supreme Court opinion upholding the validity of an #occ regulation defining “interest” under Section 85 of the National Bank Act to include late fees on loans. 3. It is unclear whether such regulations would be subject to further attack and whether the courts would uphold their validity based on stare decisis. The Supreme Court in Raimondo is unlikely to provide any guidance about those regulations. 4. There is likely to be increased litigation challenging federal agency regulations and more of those regulations will be invalidated by courts. If you missed this program, you should consider watching the recording.

The federal courts deference to government agencies expertise and discretion (called Chevron deference) may well be at an end. Wednesday's oral arguments on January 17, 2024, before the United States Supreme Court in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Department of Commerce appear to signal that Chevron may well be on the chopping block. To learn more, read our latest #LegalAlert authored by Brett Johnson, Ryan Hogan, and Savannah Wix. https://bit.ly/493Ujbp #ChevronDeference #AdministrativeLaw #SpecialLitigationandCompliance

Sharing the message below from one of my K&L Gates partners because the message is perfectly stated (and because it is almost 5pm on Friday and it has been a long week). Check out the latest insights regarding the #Chevron decision by #SCOTUS and sign up for our webinar on Monday!

📢Landmark #SCOTUS Decisions Restrain Federal Administrative Agency Power⚖️ The Supreme Court has issued landmark decisions in 𝘓𝘰𝘱𝘦𝘳 𝘉𝘳𝘪𝘨𝘩𝘵 𝘌𝘯𝘵𝘦𝘳𝘱𝘳𝘪𝘴𝘦𝘴 𝘷. 𝘙𝘢𝘪𝘮𝘰𝘯𝘥𝘰 and 𝘚𝘦𝘤𝘶𝘳𝘪𝘵𝘪𝘦𝘴 𝘢𝘯𝘥 𝘌𝘹𝘤𝘩𝘢𝘯𝘨𝘦 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘷. 𝘑𝘢𝘳𝘬𝘦𝘴𝘺, drastically changing the landscape of federal administrative authority. The end of Chevron deference and new limitations on SEC in-house tribunals mark a significant shift in how agencies operate. Read the full update by Husch Blackwell's Gregg Sofer and Joseph Diedrich to understand the implications for businesses: https://lnkd.in/gqZNab-G

In a 6-3 decision handed down on June 28, 2024, the Supreme Court reversed the Chevron doctrine, a decades-old precedent. The bottom line going forward is that courts, not agencies, have the final say in interpreting statutes. To learn more about what the Court had to say read our latest #LegalAlert authored by Brett Johnson, Ryan Regula, Ryan Hogan, Charlene Warner, Cole Craghan, and Savannah Wix. https://bit.ly/3XQ1hOB #LegalAlert #SCOTUS #ChevronDoctrine

In a pivotal decision, the Supreme Court has ended Chevron deference with its ruling in Loper Bright v. Raimondo. This decision reasserts the judiciary's authority in interpreting laws over agency discretion. Explore the details of this landmark case and its impact on future regulatory disputes by reading Sarah Goodman and Charles "Max" McCauley III's latest legal insights. https://lnkd.in/eBh5yb3n #SCOTUS #SupremeCourt #ChevronDeference #LoperBright #JudicialIndependence #StatutoryInterpretation #LegalInsights #OffitKurman

A critically important administrative law decision.

In a landmark decision, the Supreme Court has overturned the longstanding precedent set by Chevron v. Natural Resources Defense Council. In a 6-3 ruling in the case of Loper Bright Enterprises v. Raimondo, the Court declared that courts may no longer defer to an agency's interpretation of the law simply because a statute is ambiguous. This decision marks a significant shift in administrative law, moving away from the deference traditionally granted to federal agencies under the Chevron doctrine established in 1984. The overturning of Chevron represents a pivotal moment in the interpretation and application of regulatory statutes, emphasizing the judiciary's role in safeguarding the rule of law. #ButlerSnow #GovCon #SupremeCourt #ChevronDoctrine #AdministrativeLaw #RegulatoryCompliance https://lnkd.in/eT4eB3kk