Practical Guidance published Morgan Lewis’s LawFlash regarding the US Supreme Court decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, which overruled the Chevron doctrine requiring federal courts to defer to administrative agencies’ interpretations of ambiguous or broad statutes.
In the article, the authors write that by overruling Chevron the Supreme Court has created new opportunities for government contractors to challenge agency rulemaking and could also allow for new proactive challenges to existing agency rules, such as Federal Acquisition Regulation clauses or agency supplements to the Federal Acquisition Regulation.