In an article published by Bloomberg Law, Partner Kelly Dunbar, Counsel Colleen Campbell and Senior Associate David Levine offer insights on how battles about agency deference may unfold in the wake of Loper Bright and what that means for administrative law.
Excerpt: “The Supreme Court's decision in Loper Bright Enterprises v. Raimondo has been described as accomplishing a seismic shift in administrative law. Rightly so. In the decision, the Court did away with so-called Chevron deference—a longstanding, across-the-board presumption that whenever a statute a federal agency is charged with administering contains an ambiguity, Congress intended that agency, rather than an Article III court, to resolve the statutory ambiguity. In dispensing with that presumption, Loper Bright seized interpretive authority for courts that had rested with executive branch agencies.”
