Kevin Minoli, an Alston & Bird Environmental, Land Use & Natural Resources partner and former acting general counsel at the Environmental Protection Agency (EPA), was quoted in an E&E News article, “Trump Bets Chevron’s Fall Lets Him Rewrite Rules for Imperiled Wildlife,” discussing the effect of the Supreme Court’s Loper Bright decision on regulatory challenges. Kevin noted that the decision is sometimes misread as creating a presumption against agency action when statutory language is unclear.
“There are going to be times when that resolution is in favor of regulation or allowing an agency to regulate as opposed to restricting the agency’s ability to regulate,” Kevin said.