Helping businesses assess the impacts of Loper/Relentless
Four decades after the Supreme Court’s foundational decision in Chevron v. Natural Resources Defense Council, the Court has abandoned the rule established in that case: that courts should defer to executive agencies’ reasonable interpretations of ambiguous legislation. In a consolidated decision on two challenges to a rule issued by the National Marine Fisheries Service—Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—the Court held that “Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the [Administrative Procedure Act] requires.” This landmark ruling could result in numerous further challenges to existing regulations and limit agencies’ ability to issue new regulations.
As the landscape evolves, Foley Hoag stands at the forefront of navigating the complexities introduced by the end of Chevron deference. With meticulous expertise and a deep understanding of administrative law, we are guiding clients through these pivotal changes and providing strategic counsel tailored to the shifting regulatory environment, ensuring our clients achieve their objectives while effectively managing regulatory risks.
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Our attorneys across the firm are here to help you answer questions and advise on best practices in light of the Supreme Court's ruling:
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