"The end of Chevron 'may not mean as much as we think because [EPA] has been very circumspect about relying on Chevron as the basis for its decisions over the past few years,'” said Crowell's Tom Lorenzen. Read more in Inside EPA:
Crowell & Moring’s Post
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Pondering implications of overturning the Chevron doctrine on local regulation In the U.S. we now wait for the full fallout of the U.S. Supreme Court overturning the so-called “Chevron doctrine” and thus curtailing U.S. agency power in regulation. I’m sure we will hear many thoughts in the near future about the consequences. I am anxious to learn what this may mean for local regulation. For instance, to what extent will this decision filter down into state legislatures and result in state bills that limit local regulation?
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Sharing the message below from one of my K&L Gates partners because the message is perfectly stated (and because it is almost 5pm on Friday and it has been a long week). Check out the latest insights regarding the #Chevron decision by #SCOTUS and sign up for our webinar on Monday!
In the wake of SCOTUS overruling Chevron deference this morning, I have been in awe of my K&L Gates colleagues analyzing the opinion and crafting resources for the benefit of our clients. Our Task Force was primed and ready to go. What's next? Today: Stay tuned for a concise summary Alert on the Loper/Relentless decision with our initial reactions. Monday, July 1st (2-3pm EST): A webinar hosted by the firm. Register HERE - https://lnkd.in/eemTdpFd. Going Forward: A continuing series of practical publications and webinars spanning industries and practice areas.
Chevron Overruled: Understanding the Supreme Court's Decision in Loper Bright/Relentless and What it Could Mean For Regulated Communities
klgates.com
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Pittsburgh Office Managing Partner and Litigator - Morgan Lewis. Trial counsel and strategic advisor to companies involved in complex litigation - multidistrict, commercial, pharmaceutical, medical device.
An eventful week in law with several interesting decisions from the Supreme Court, including overruling the Chevron decision. For a thorough explanation of the implications of #ChevronOverruled, I encourage you to join the webinar by my Morgan, Lewis & Bockius LLP partners on Tuesday at 2 pm ET. It will be an hour well spent! Registration information below along with one of our Law Flash papers on the decision.
The US Supreme Court’s Chevron decision has overruled the longstanding doctrine that required courts to defer to an agency’s reasonable interpretation of a statute it administers when the statute was unclear or ambiguous. Read our LawFlash and join our webinar on Tuesday, July 2 to learn about the potential impact on all federal agency actions. https://bit.ly/3W3ceep
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Courts have whittled away at the Chevron doctrine for years, and 2024 will likely bring the most severe blow, with a US Supreme Court decision expected to end or limit the practice, according to Matthew Schettenhelm, Litigation & Government Analyst. US business will see Federal regulators' powers confined, creating opportunities for companies in diverse industries from financials to health care which may operate in a transformed regulatory landscape. https://lnkd.in/egiZVRne #USsupremeCourt #Federalregulators #Regulation
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Thrilled we might see the end of the Chevron Doctrine after a nearly 40 years. The argument against Chevron isn’t just academic; it’s about real people and real businesses. Agencies, while expert, should not have unchecked power to interpret laws as they see fit. Today’s arguments from Supreme Court justices suggest a shift towards a more direct interpretation of laws by the judiciary, enhancing transparency and accountability. This change is more than legal jargon. It's about returning power to the judiciary and ensuring laws reflect the will of the people, not just agency perspectives. Today's SCOTUS arguments hint at a shift towards judicial clarity. #SCOTUS 🇺🇸
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In a 6-3 decision handed down on June 28, 2024, the Supreme Court reversed the Chevron doctrine, a decades-old precedent. The bottom line going forward is that courts, not agencies, have the final say in interpreting statutes. To learn more about what the Court had to say read our latest #LegalAlert authored by Brett Johnson, Ryan Regula, Ryan Hogan, Charlene Warner, Cole Craghan, and Savannah Wix. https://bit.ly/3XQ1hOB #LegalAlert #SCOTUS #ChevronDoctrine
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📢Landmark #SCOTUS Decisions Restrain Federal Administrative Agency Power⚖️ The Supreme Court has issued landmark decisions in 𝘓𝘰𝘱𝘦𝘳 𝘉𝘳𝘪𝘨𝘩𝘵 𝘌𝘯𝘵𝘦𝘳𝘱𝘳𝘪𝘴𝘦𝘴 𝘷. 𝘙𝘢𝘪𝘮𝘰𝘯𝘥𝘰 and 𝘚𝘦𝘤𝘶𝘳𝘪𝘵𝘪𝘦𝘴 𝘢𝘯𝘥 𝘌𝘹𝘤𝘩𝘢𝘯𝘨𝘦 𝘊𝘰𝘮𝘮𝘪𝘴𝘴𝘪𝘰𝘯 𝘷. 𝘑𝘢𝘳𝘬𝘦𝘴𝘺, drastically changing the landscape of federal administrative authority. The end of Chevron deference and new limitations on SEC in-house tribunals mark a significant shift in how agencies operate. Read the full update by Husch Blackwell's Gregg Sofer and Joseph Diedrich to understand the implications for businesses: https://lnkd.in/gqZNab-G
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SCOTUS will likely rule on Chevron Deference this week. Most expect them to reign in federal policy making authority. One thing to keep in mind if this happens, nearly every major environmental issue is being controlled on multiple fronts. States, supply chain, and local communities (to name a few) are all major drivers. Federal oversight will never just go away. Whatever the ruling, exhale once or twice first, then react.
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The federal courts deference to government agencies expertise and discretion (called Chevron deference) may well be at an end. Wednesday's oral arguments on January 17, 2024, before the United States Supreme Court in Loper Bright Enterprises, Inc. v. Raimondo and Relentless, Inc. v. Department of Commerce appear to signal that Chevron may well be on the chopping block. To learn more, read our latest #LegalAlert authored by Brett Johnson, Ryan Hogan, and Savannah Wix. https://bit.ly/493Ujbp #ChevronDeference #AdministrativeLaw #SpecialLitigationandCompliance
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There have been some significant changes in #administrativelaw over the past week that have implications for #transmission planning. This post is a round up of a few key resources to help readers get in the know quickly and walk away with key points. Quick background: The Chevron Doctrine in a nutshell: courts grant deference to an agency's reasonable interpretation regarding ambiguities in statutes that the agency administers. The doctrine gets its name from the 1984 case: Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. This case was overturned on June 28, 2024 by the US Supreme Court in Loper Bright Enterprises v. Raimondo. In a related but different administrative law development, the Court also said in an opinion issued on July 1, 2024 that plaintiffs can sue over regulations that affect them six years after being affected rather than six years from the regulations being issued. This decision in Corner Post v. the Board of Governors of the Federal Reserve System therefore takes what was a fixed window and makes it a moving target much farther out into the future. While six years may have been a wait for some additional certainty regarding the durability of regulations, it did provide a bookend. What are the implications? First up, I'm linking to a Utility Dive article by Ethan Howland, and I'll feature that in the image link: https://lnkd.in/ejNmHBdu. This does a nice job of wrapping up some quick takes and key implications. It also quotes a few of my K&L Gates partners: Varu Chilakamarri, formerly of the U.S. Department of Justice, and David Fine - both extremely talented litigators who have seen the evolution of Chevron over the years. As Varu notes: Chevron has been cited over 18,000 times since its inception in the mid-80s, "making it the most cited administrative law case in history." This article is helpful in pulling together recent developments in the courts and at the Federal Energy Regulatory Commission. Commissioner Christie, who issued a strong dissent against #FERC's recent Order No. 1920, notes that 1920 builds on Order No. 1000, which was upheld under Chevron. Note, the Sup. Ct. states that prior decisions that rely on Chevron are not overturned but remain intact under the doctrine of stare decisis - Latin for "let the decision stand" and the basis for building law one on top of the next in the US legal system. Side note for non-lawyers: this is why all the case cites in a brief to a court. Counter to Commissioner Christie, Chairman Willie Phillips issued his own statement of the impact of the Loper Bright decision: https://lnkd.in/exHspZN3 K&L Gates partners Varu Chilakamarri, Mark Ruge, David R. Fine, Tre A. Holloway, and Falco Muscante II provide the concise overview of the Loper Bright decision here: https://lnkd.in/ejahRQvA #energy
Supreme Court’s Chevron, Corner Post decisions could delay energy investments, spur litigation: analysts
utilitydive.com
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