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Series
The Administrative State
In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine, eliminating the requirement that courts defer to agencies’ interpretations of ambiguous statutes.
The Court in Loper Bright Enterprises v. Raimondo held that the Administrative Procedure Act requires federal courts to decide what statutes mean independently of any agency interpretation, although they may still “seek aid” from well-reasoned or long-standing agency interpretations.
This decision affects every industry that is regulated by US federal agencies, and it is expected to usher in more frequent judicial challenges to agency rules, greater scrutiny of agency actions, and a different approach to law-making by Congress.
To help our clients understand, anticipate, and navigate the full impact of the Court’s decision on all of the affected industries in which the firm’s clients do business, we have established a cross-practice, interdisciplinary task force.
The task force has provided and will continue to provide careful analyses of Loper Bright and how it will affect the industries in which K&L Gates clients do business. In addition to the material already on this page, please stay tuned for additional webinars and client alerts.
Thought Leadership
On 3 February 2025, the United States reached agreements with Canada and Mexico to pause tariffs on imports from those countries in exchange for actions on border security, illegal drugs, and immigration.
Since his inauguration on 20 January 2025, President Donald J. Trump has signed dozens of executive orders and presidential memoranda on topics including, but not limited to, energy and the environment; immigration; international trade; foreign policy; diversity, equity and inclusion; transforming the civil service and federal government; and technology.
President Donald Trump issued a flurry of executive orders (EOs) in his first hours and days in office. The numerous EOs cover a range of topics, many of which impact environmental regulation and related areas. While many of President Trump’s EOs will be—and already are—facing litigation challenges, and others will require congressional approval prior to full implementation, the EOs nevertheless signal the intention and direction of the Trump administration in the environmental law realm and beyond.
The much-heralded end to prosecutions brought pursuant to the Foreign Corrupt Practices Act never materialized during the first Donald Trump administration, but Trump 2.0 has the potential to bring major change to the US Department of Justice’s approach to FCPA enforcement.