- within Litigation, Mediation & Arbitration and Environment topic(s)
In this episode, co-host Michael Dawson and Partner Kelly Dunbar
(https://www.wilmerhale.com/en/people/...)
discuss Loper Bright Enterprises v. Raimondo, the recent decision
that overturned Chevron v. Natural Resources Defense Council. In
the initial 1984 decision, the Court determined that when an agency
is tasked with enforcing an ambiguous statute with more than one
reasonable interpretation, a court reviewing the agency's
action must defer to the agency's reasonable interpretation of
the statute. This latest decision requires courts to make those
interpretations instead, with potentially far-reaching effects on
agencies across the country.
Dawson and Dunbar share the original intent of Chevron and how it
came to form a bedrock of administrative law. Dunbar also explains
why the Court found it necessary to overturn the decision after 40
years and the unanswered questions left in the wake of the case.
Dawson also questions the impact the case will have on both the
public and private sector, and specifically if Congress will shift
how it legislates in order to avoid potential ambiguity.
This episode is the latest installment of our miniseries examining
notable decisions recently issued by the US Supreme Court. Previous
episodes covering this year's term looked at the decisions in
cases including Cantero v. Bank of America (https://www.wilmerhale.com/en/insight...) ,
Alexander v. South Carolina State Conference of the NAACP (https://www.wilmerhale.com/en/insight...) ,
Securities and Exchange Commission v. Jarkesy (https://www.wilmerhale.com/en/insight...) and
Department of State v. Muñoz (https://www.wilmerhale.com/en/insight...) .
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
