After Chevron: A Sea Change for Maritime Sector

Maritime attorneys Sean Pribyl, Christopher Nolan and Michael Cavanaugh co-authored a Law360 article about the significant changes ahead for the maritime sector following the U.S. Supreme Court's ruling in Loper Bright Enterprises v. Raimondo. The decision, which overturned the Chevron doctrine affording substantial deference to executive agencies' interpretations of federal statutes, has far-reaching implications for federal regulators in the maritime industry, potentially affecting areas such as the Jones Act, environmental compliance and marine safety and security. The courts will now rely on their own interpretation of the law when ruling on administrative-based admiralty and maritime matters, potentially leading to easier overturning of regulations. While the full impact of this ruling is yet to be realized, agencies like the U.S. Coast Guard, U.S. Maritime Administration and U.S. Customs and Border Protection should anticipate challenges to their decisions in the coming years. The authors conclude that this change will likely lead to revisiting important industry questions and require careful coordination among stakeholders to shape future rulemaking and bring appropriate challenges.

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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.