Steven Eliopoulos’ Post

The Supreme Court has overturned the "Chevron deference" in a 6-3 decision. The legal doctrine, the high court’s 1984 decision involving U.S.-based oil giant Chevron, gives deference to regulatory agencies in interpreting and enforcing statutes when vague or ambiguous, which is often the case. This decision will instantly remake the U.S. regulatory landscape and is a momentous upheaval, impacting firms, agencies and individuals. Discover the potential implications of this landmark decision in this #KenanCommentary: https://lnkd.in/eFTGJBDR #KenanInstitute #KIPE #BusinessResilience

The Supreme Court will hear arguments on January 17 to overturn a 40-year-old legal precedent known as Chevron deference in the upcoming cases Loper Bright v. Raimondo and Relentless v. Department of Commerce. The ramifications of overturning Chevron deference are broad and would strip federal agencies’ ability to react quickly to address new problems and looming threats as society grows evermore complex. From the Center for American Progress and Democracy Forward, Prof. Craig Green joins an expert keynote and panel to discuss the significant threat these cases pose to the ability of federal agencies to serve the American people and to protect them from bad actors and societal volatility. https://bit.ly/4aVPBOr

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

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

My top takeaways from yesterday’s hearing: 1. Chevron finally admitted they are claiming to have access to the property under Natural Rescources Code 89.044, where an operator can force its way on to land to re-plug an “improperly plugged” well. I need to dig a little deeper into the legislative history here. 2. There is no case law stating the RRC has primary or exclusive jurisdiction over plugging of wells. 3. The district court absolutely has jurisdiction over all discovery matters in civil litigation. 4. The first amendment is our greatest weapon in today’s social media age. When you see something - say something. Evil persists when good people do nothing. 5. TBD if it’s unprofessional to call opposing counsel an a-hole if he is in fact an a-hole. But best to try to use alternative terms to avoid unnecessary pearl clutching.

For nearly four decades, the Chevron deference has been a hallmark of administrative law. This doctrine, under which federal courts defer to an agency’s interpretation of an ambiguous statute that the agency is charged with administering, has been criticized as an insurmountable obstacle to those wishing to challenge an agency action. Two forthcoming decisions, Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, will be argued on January 17, 2024, potentially providing avenues for the Supreme to walk back or even eliminate the doctrine. To learn more, read our latest #LegalAlert authored by Brett Johnson, Ryan Hogan, and Savannah Wix. https://bit.ly/3S4FBd8 #ChevronDoctrine #AdministrativeLaw #SpecialLitigationandCompliance

📢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

Where the UK leads, the US follows - well, at least when it comes to administrative law, it seems. The balance between judicial deference to expert decision-makers and legal certainty when it comes to interpreting rules is a delicate one. And the choice of when to litigate is a delicate one for regulated businesses. Both sides of the Atlantic, we have huge experience of using litigation to achieve robust regulatory decisions.

In this vlog, Thomas discusses the recent Supreme Court decision to overturn the Chevron deference. He explains the origins and implications of Chevron deference and how the decision to overturn it marks a significant shift in regulatory power from federal agencies to the courts, potentially leading to more litigation and requiring Congress to draft more explicit laws. #BICMagazine #InTheKnow #ChevronDeference #SupremeCourt #Regulations

The Supreme Court's pending ruling on Chevron deference could undo decades of judicial precedent. Download Bloomberg Law's new report for everything you need to prepare for what's to come: https://lnkd.in/eqa23fPY