The Impact of Chevron Reversal on Government Contracting

Government Contracts attorneys Eric Crusius and David Black co-authored a Westlaw article discussing the potential impact of the U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo on the government contracting industry. The ruling, which overturned the Chevron doctrine, could significantly alter how courts interpret regulations for government contracting. The authors examine the U.S. Court of Appeals for the Federal Circuit's history of giving deference to the Federal Acquisition Regulation (FAR) and other agency regulations under Chevron, and they explore the potential consequences of the Loper decision on various procurement policies and initiatives. The authors emphasize that contractors may now have a better chance of challenging agency interpretations and arguing for their own interpretations of statutes in disputes with the government.

READ: The Impact of Chevron Reversal on Government Contracting

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.