Post-Decision Chevron Discussion
Holland & Knight Webinar
Please join Holland & Knight's Chevron Deference Working Team for an enlightening webinar delving into the intricacies and outcomes of the Loper and Corner Post cases recently decided by the U.S. Supreme Court and the impacts on the federal rulemaking process and the legislative process in U.S. Congress.
The June 28, 2024, Supreme Court decision overturning Chevron marks a fundamental shift in administrative law and will have far-reaching implications across the federal government. With the underlying case supporting this deference overturned, the previous presumption that federal agencies exercise specialized expertise in interpreting certain laws no longer stands. Rather, as the Court stated in Loper, statutory interpretation is the judiciary's province and agency interpretations can inform courts but no longer bind them.
Meanwhile, Corner Post opened up the statute of limitations to permit regulated parties to sue anytime within six years after a regulation adversely affects them, regardless of when the regulation was promulgated. Together, these developments likely will mean more challenges to agency rulemaking and greater opportunity to prevail in challenges to questionable agency interpretations. Given that agencies often rely on highly trained experts to interpret and implement federal laws, these shifts necessitate the reevaluation and potential redrafting of laws and regulations, and could lead to varied outcomes depending on the agency in question.
Our speakers – Partners Lynn Calkins, Rich Gold, Dimitrios Karakitsos, John Wood, Timothy Taylor and Brian Bunger – will explore adapting legal, regulatory and legislative approaches in response to the Supreme Court's decisions.
Topics include:
- Will we see less regulatory flip-flopping after Loper?
- How should we anticipate Congress adapting to Loper and how will that impact policy advocacy?
- Does Loper affect court deference to agencies' interpretations of their own regulations (so-called Kisor deference)?
- What should businesses be doing differently (if anything) after Loper and Corner Post?
- How vulnerable are existing regulations to judicial challenge after Loper and Corner Post?
This webinar aims to equip attendees with a comprehensive understanding of these complex legal issues, enabling them to navigate regulatory landscapes with confidence. Recently, Holland & Knight announced the establishment of a dedicated Chevron Deference Working Team in anticipation of these changes. Learn more about our team on our website.
We hope that you can join us for this highly informative presentation