Loper Bright Leads Argument in Washington D.C. Court of Appeals Case

Yesterday, Loper Bright took center stage in an oral argument before the District of Columbia Court of Appeals:

A three-judge panel of Washington, D.C.’s high court at oral arguments Wednesday investigated how the US Supreme Court’s new agency deference standard applies to courts in the district as part of a dispute over a $5.9 million transfer tax refund.

The district government issued an emergency “clarification” amendment to codify deference to its own agencies after the Supreme Court gutted the Chevron doctrine in 2023’s Loper Bright Enterprises v. Raimondo. The doctrine required courts to defer to agency interpretations of ambiguous laws.

The Court specifically asked for oral argument to focus on how Loper would apply:

In their supplemental briefs, the parties discuss the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), and its implications for the doctrine of deference to administrative agencies. After the supplemental briefs were filed, the D.C. Council enacted the Review of Agency Action Clarification Emergency Amendment Act (D.C. Act 25-634). The emergency act has expired, but a temporary act (D.C. Act 25-664) is now in effect through October 2025. The parties should be prepared at oral argument to discuss the temporary act.

No. 22-TX-0820 – LHL REALTY COMPANY DC, LLC, ET AL. v. DISTRICT OF COLUMBIA