Exploring the Post-Chevron Deference Landscape in Transportation and Infrastructure

Holland & Knight's Transportation & Infrastructure Industry Group invites you to join us for an insightful webinar delving into the transformative regulatory changes triggered by the recent Supreme Court decisions in Loper Bright Enterprises, which overturned the Chevron deference doctrine, and Corner Post, which extended the time period to bring challenges to a regulation under the Administrative Procedures Act. Our discussion will explore the seismic changes in regulatory practices and the resulting implications for the transportation sector, as well as provide strategic insights into navigating the evolving regulatory landscape and identifying new opportunities amid these changes.

The Supreme Court's decisions in Loper Bright and Corner Post mark a significant shift in administrative law, with profound implications across a wide range of transportation and infrastructure industries. Our presenters – Partners Anita Mosner, Christopher Nolan, Sean Pribyl and Joel Roberson – will provide practical guidance and analysis to help you adapt and thrive in this dynamic environment.

Topics include:

• the impact on the aviation and maritime industries, including unresolved conflicts between the Oil Pollution Act and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) affecting oil spill recovery
• interpretations by U.S. Customs and Border Protection of the Jones Act coastwise laws regarding the transportation of merchandise, U.S. citizen vessel ownership and the Passenger Vessel Services Act
• Jones Act waivers and the meaning of "in the interest of national defense"
• impacts on the Federal Maritime Commission in connection with the Administrative Procedures Act
• the role of the U.S. Coast Guard in U.S.-build vessel determinations, vessel newbuild ownership structures, marine casualty investigations and navigational decisions onboard vessels
• potential curtailment of the U.S. Department of Transportation's authority in defining "unfair and deceptive practices"
• challenges to National Transportation Safety Board (NTSB) post-accident investigative policies

We hope you can join us for this highly informative presentation, which is essential for legal professionals, industry executives, policymakers and other stakeholders in the transportation and infrastructure sectors.

Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.