Loper Bright Limits Federal Agencies' Ability to Alter Course

Litigation and Dispute Resolution attorney Steven Gordon authored an article for Law360 discussing the Loper Bright Enterprises v. Raimondo ruling by the U.S. Supreme Court. This decision overturned the Chevron doctrine, which mandated courts to defer to reasonable agency interpretations of statutes they administer. Mr. Gordon delves into the historical context, including the Brand X decision and the constraints imposed by the Administrative Procedure Act. The article emphasizes how the decision will significantly curtail agencies' ability to change regulatory course from one administration to the next, ensuring that legal requirements imposed by unchanged statutes or regulations generally remain the same despite shifts in leadership.

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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.