Steven Fenaroli’s Post

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

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

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!

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

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

At the tail end of the 2023-24 term, the Supreme Court issued its long-awaited decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce – by a 6-3 vote, the Court ended the 40-year-old Chevron doctrine. The Court’s decision is likely to have outsized effects in several key areas, each of which involves critical new agency rules of the Biden Administration. This decision, in conjunction with others, will have a significant effect on Executive Branch lawmaking and the regulatory landscape.   In this client alert, we highlight key impacts of the reversal on agencies and executive departments: https://lnkd.in/g9H7wFVX   Authors: Michelle Kallen and Anand Viswanathan #SupremeCourt #SOTUS #Chevron #ChevronDeference

During its 2023–2024 term, the US Supreme Court issued a number of rulings with major implications for businesses, especially those in regulated industries. The Court’s decision in Loper Bright Enterprises v. Raimondo, decisively overruling the Chevron deference doctrine, stood out, grabbing headlines and warranting careful examination. But Loper Bright was not the Court’s only important regulatory ruling this term. Indeed, it was one of several decisions that, taken together, promise to reshape the regulatory landscape and invite challenges to federal agency actions. Plus, rulings on a range of other issues – from arbitration to whistleblower retaliation claims – warrant the attention of in-house counsel. Below we summarize some of the Court’s key business decisions and preview what’s ahead. https://lnkd.in/eZnFYwQM

📢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

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.

United States - the ending of Chevron deference We now have the transcript of the oral arguments before SCOTUS on January 17th, in Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Comm. (22-451) and Relentless, Inc. v. Dept. of Commerce (22-1219) It is hard to read anything other than the impending demise of Chevron deference. It seems reasonable to assume that lawyers will bring forward cases against decisions of the FCC almost as soon as the judgment in these two joined cases is handed down. We can expect to see very significant changes that are hard to predict, but stripping away the apparent certainties of recent years. The legal bills will be significant. More speculatively, if Trump is re-elected and adopts the unitary executive theory, then the deference question will come back in another form. https://lnkd.in/epVmvqDh