Loper Bright: Navigating the New Regulatory State and Implications for the Trump Administration Agenda

The Loper decision continues a trend of recent Supreme Court decisions that limit the authority of agencies to regulate without what the Court views as proper authority and formality. At the same time, the incoming administration has an ambitious agenda and timeline. These two forces create opportunities and challenges for regulated parties.

Organizations subject to heavy regulation find their fortunes inextricably intertwined with the passage of laws and regulations and decisions by courts regarding their validity. The Loper decision significantly changes all the dynamics underlying these processes. Post-Loper, important decisions affecting regulated parties will get locked in earlier in the process, and when they initially occur as a result of action, there are now new tools to challenge them.

The K&L Gates Washington, D.C., office is hosting a half-day program to discuss the combined impact of the recent Supreme Court Loper decision and the change in administration on the regulatory state. The program will feature the following panel discussions: 

• Expected changes in the legislative, regulatory, and judicial processes.
• Expected Administrative Procedure Act litigation against the government, as well as defense work by False Claims Act lawyers. 

After the panel discussions, you will be invited to join one of the following industry-specific breakout sessions to discuss potential agenda items for the new administration and the impact that Loper and other recent cases may have in these areas: 

• Health Care;
• Energy and Environment; and
• Technology and Financial Services: FCC, CFPB, and federal financial regulations.