Danielle Stempel

Oct 2, 2024 | lexology.com | Michael Theis |Katie Wellington |Jessica Ellsworth |Katy Forsstrom |Danielle Stempel |Susan Cook | +2 more

In Loper Bright Enterprises v. Raimondo, the Supreme Court overruled the 40-year-old Chevron deference doctrine. Under Chevron U.S.A. Inc. v. National Resources Defense Council, courts were required to defer to an agency’s reasonable interpretation of an ambiguous statute administered by the agency in certain circumstances.

Jul 15, 2024 | jdsupra.com | Deborah Cho |Susan Cook |Danielle Stempel

The Chevron doctrine reflected a two-step analysis courts employed when confronted with certain legal challenges to an agency’s statutory interpretation. At Step One, courts analyzed whether the statute was clear on the precise question at issue. If so, the statute’s plain language won out, and the analysis ended.

Jul 11, 2024 | jdsupra.com | Danielle Stempel |Brian Eyink |Mary A. Lancaster

The highly anticipated opinion in Loper Bright and its companions case, Relentless, Inc v. Department of Commerce, addressed the question of whether courts should continue applying the type of deference first articulated in the 1984 watershed administrative law case Chevron, U.S.A. Inc., v. Natural Resources Defense Council, Inc.

Jul 11, 2024 | lexology.com | Sean Marotta |Danielle Stempel

In Corner Post v. Board of Governors, the Supreme Court held that the default six-year statute of limitations for claims against the federal government, as applied to actions brought under the Administrative Procedure Act, does not begin to run until the plaintiff is actually injured by final agency action. Justice Amy Coney Barrett wrote for a six-Justice majority. Justice Kavanaugh concurred. Justices Jackson, Sotomayor, and Kagan dissented.

Jun 28, 2024 | news.bloombergtax.com | Sean Marotta |Danielle Stempel

The US Supreme Court issued its decision June 28 overruling the 40-year old Chevron deference, which required courts to defer to agency’s reasonable interpretations of ambiguous or silent statutes. So what is a regulated party to do now? Number 1: Don’t panic. Just because a rule was previously upheld under Chevron doesn’t automatically mean it will be overturned.