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Two of the most significant decisions yet to be handed down by the Supreme Court in the next two weeks are Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce, which pose the question of whether the Chevron deference doctrine will be limited or overruled. The Chevron doctrine governs the extent to which a court defers to a federal agency’s view of its own statutory authority. For 40 years, the Chevron doctrine has been a critical factor in litigation challenging illegitimate regulatory overreach. Now the Chevron doctrine is no more.
Administrative law experts Dan Jarcho and CJ Frisina will discuss the impact of these decisions on regulated industries. The discussion will address pragmatic pointers about how a change in Chevron deference may affect:
- Decisions by regulated companies to file suit challenging federal agency overreach
- The probability of success in litigation challenges to federal agency actions
- Revisiting previously unsuccessful litigation challenges to federal agency actions
CLE credit will be applied for, where applicable.
Questions?
Contact Abby Forness at abby.forness@alston.com.