Posts by kschmidt

First, we have Bernard W. Bell from the Rutgers Law School – Newark in the Seton Hall Law Review on “Loper Bright: Resurrecting Skidmore in a New Era.” Some excerpts from the abstract: In Loper Bright v. Raimondo (2024), the Supreme Court abandoned Chevron deference to agency statutory interpretations, resurrecting the Skidmore “persuasive” deference regime.  This article offers three observations.  First,…

National Review’s Dan McLaughlin wonders why Attorney General Pam Bondi’s Department of Justice continues to defend the regulation at issue in Loper Bright in the D.C. Circuit: You might have thought that Loper Bright Enterprises v. Raimondo was a great and conclusive victory for conservatives, and one that would be eagerly embraced by MAGA Republicans eager to…

Ohio State University’s Blaine G. Saito new research paper argues that Loper’s impact on tax law may be “more limited than expected.” From the abstract: Using transfer pricing as an example, the paper demonstrates that while technical regulatory details may survive challenge, fundamental changes would likely fail under the new regime. The arm’s length standard,…

A group of twenty Republican Senators that comprise a Post-Chevron working group released a 150-page report this morning. From the Executive Summary: The Post-Chevron Working Group is comprised of twenty Republican Senators. This report is broken down into three sections: 1. Proposed Legislative Response to Loper Bright; 2. Analysis of the Administrative State’s unpreparedness for…

Emory Law School’s Jonathan Remy Nash writes on “Chevron Stare Decisis in a Post-Loper Bright World” in the Iowa Law Review. The abstract: In its June 2024 decision in Loper Bright Enterprises v. Raimondo, the Supreme Court jettisoned the longstanding Chevron doctrine, which had directed courts to defer to agencies’ reasonable interpretations of ambiguous statutes. The Loper Bright Court attempted…

Yesterday, in Seven County Infrastructure Coalition v. Eagle County, Colorado, the Supreme Court addressed the scope of federal agencies’ obligations under the National Environmental Policy Act (NEPA) to study the environmental effects of proposed agency actions and prepare “detailed” reports, known as environmental impact statements. In the course of grappling with those questions, Justice Kavanaugh’s…

Bloomberg Law’s UnCommon Law podcast continues its series on the “story behind the fishing industry’s Chevron doctrine challenge.” This episode focuses on “the Supreme Court arguments that overturned Chevron.” Federal agencies expanding their power beyond congressional intent? Unelected bureaucrats making policy decisions? Regulatory whiplash?! According to the litigants urging the Supreme Court to strike down the Chevron doctrine in…

A recent Brookings article, titled “Will the Supreme Court’s Chevron decision undercut Trump’s unilateral presidency?,” suggests that “overturning of the Chevron doctrine may unintentionally weaken [President] Trump’s ability to govern unilaterally by empowering lower courts—often selected through strategic forum shopping by his opponents—to more freely block his executive actions.” That somewhat misunderstands the intent and…