For 40 years, federal courts interpreting ambiguous statutes have deferred to agencies’ interpretations so long as they were “reasonable.” Known as the Chevron doctrine, this rule has come under attack in recent years and is now squarely challenged in two cases before the US Supreme Court: Loper Bright Enterp. v. Raimondo (No. 22-451), and Relentless v. Dep’t of Commerce (No. 22-1219). The Court is likely to decide these cases by the end of June 2024, and the potential ramifications of its decisions are significant and could cut across virtually every industry that is regulated by federal agencies. The decisions could affect not only how agencies exercise their power to regulate, but how regulated parties comment on proposed regulations, interact with lawmakers, and pursue judicial remedies.
As we prepare for what could be a momentous decision affecting the administrative state, we have established a cross-practice, interdisciplinary task force to help our clients understand, navigate, and anticipate the impacts of the Court’s decision on a variety of industries in which the firm’s clients do business.
