Snell & Wilmer’s Post

📢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

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

On June 28, 2024, the U.S. Supreme Court overturned the Chevron deference in Loper Bright Enterprises v. Raimondo, shifting the power to interpret ambiguous statutes from federal agencies to the judiciary. This ruling eliminates the precedent requiring courts to defer to agency interpretations, potentially leading to increased litigation and regulatory uncertainty (Ropes & Gray LLP) (The CommLaw Group). Now the question is, what are the possible implications for FEMA? Read more here: https://lnkd.in/e6ZM-XyC

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!

A critically important administrative law decision.

It finally happened: as widely expected, the Supreme Court overruled Chevron, the doctrine of deference due by courts to the legal interpretations made by federal agencies.   And Ars Technica found it timely to requote Pantelis Michalopoulos, whose past statement withstood the seismic change brought by this action: "I think the whole sturm und drang about Chevron is a little bit overdone. Because in the end, the judges and the justices know how to defer to the agency when they agree with it and how to not defer to the agency when they think they know better, as they often do." These thoughts remain as relevant after the court’s decision as they were long before. The full article, entitled “SCOTUS Kills Chevron Deference, Giving Courts More Power to Block Federal Rules,” can be found here. Read the full article in Ars Technica: https://lnkd.in/ek4KuUjJ

Next Thursday, August 15, partner David Lehn will be participating in a webinar hosted by Bloomberg Law on “Litigation After Loper: Effects on Agency Practice.” Panelists will discuss the impact of Loper Bright v. Raimondo, the overrule of Chevron deference, and the effect Loper will have on legal practice involving federal agencies. Register here: https://lnkd.in/e56-6d7M #Loper #ChevronDoctrine #ConstitutionalLaw #SCOTUS 

In recent years, courts have begun to question the precedent set in 1984 under Chevron v. NRDC on when courts traditionally defer to agency regulations that interpret statutes. In this webinar, we’ll provide an overview of the current case in front of the Supreme Court regarding Chevron, explain why the test for deference is important, and describe how changes could impact ERISA. Request registration here: https://bit.ly/427fNSr #SCOTUS #chevron #agency Speakers: Xavier Baker, Kevin Walsh

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

Is so-called "Chevron Deference" on the chopping block? 2 cases before the #supremecourt will be heard on Wednesday that could reshape regulatory power by limiting or reversing the influential 1984 case of Chevron v. Natural Resources Defense Council. The 1984 Chevron decision stands for the proposition that judges should defer to federal agency interpretations of any ambiguities in the laws they are charged to implement, so long as such interpretations are "reasonable" under the circumstances. Some legal observers have long argued that Chevron Deference has led to unreasonable overreach by federal agencies and that #congress alone should fill in the gaps in #legislation #federallaw The Wall Street Journal has gone so far as to editorialize that this "judicial doctrine has become a license for regulators to grab power from Congress." #regulatorycompliance #regulators The cases are Loper Bright Enterprises, Inc., v. Raimondo and Relentless, Inc. v. Dept. of Commerce.