Chevron Doctrine

NAVIGATING CHALLENGES TO ADMINISTRATIVE AGENCY ACTIONS MOVING FORWARD

The US Supreme Court’s decision on June 28 in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce has overruled the longstanding Chevron doctrine that required courts to defer to an agency’s reasonable interpretation of a statute it administers when the statute was unclear or ambiguous. Now that the Court has repealed the doctrine, decades’ worth of presumptions about agency actions and related challenges—including over rules, orders, and other statutory interpretations—will need to be reexamined.

Morgan Lewis has mobilized a cross-disciplinary team of more than 20 lawyers who regularly represent clients in front of nearly every major federal agency. Blending the strength of our appellate litigation practice with this regulatory experience, our Chevron team stands ready to guide our clients through the new regulatory and legislative landscape, including challenging existing agency rules and orders, mitigating risk for transactions and product development, and crafting responses to agency inquiries or enforcement actions.

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