Loper Bright
Sixth Circuit Highlights Loper Bright’s Impact on Other Deference Regimes
An interesting question after Loper Bright is how the demise of Chevron deference intersects with other deference doctrines that are still on the books, albeit perhaps on life support, such as Auer deference (which allows courts to defer to agency interpretations of their own regulations) and Stinson deference (which teaches that courts should defer to Sentencing Commission commentary on federal sentencing guidelines). In Niblock v. University of Kentucky, a recent Sixth Circuit…
Read MoreAFP Foundation Files Amicus Brief in Relentless v. Department of Commerce
Americans for Prosperity Foundation (“AFPF”) has filed an amicus brief in Relentless v. Department of Commerce—the companion case to the historic Loper Bright Enterprises v. Raimondo. With Loper Bright held in abeyance on remand, the outcome in Relentless may have significant implications for proper implementation of the Magnuson-Stevens Act (“MSA”), as well as the understanding…
Read MoreFederalist Society Event on Limits of Agency Authority
The Federalist Society is hosting a webinar on the “Nondelegation and the Limits of Agency Authority after Consumers’ Research and Loper Bright” next Friday, January 23 at 2:00 PM ET. Details and registration link below:
Read MoreFederalist Society Event on SEC Rulemaking
The Federalist Society is hosting a webinar on the “Loper Bright Fallout for SEC Rulemaking” next Tuesday, January 20 at 12:00 PM ET. Details and registration link below: In an unprecedented action, the SEC in July dismissed with prejudice a pending enforcement case concerning an alleged violation of a rule promulgated under the Investment Company…
Read MoreSupreme Court Conference Preview: Two Loper Bright Cert Petitions, Plus a Loper Relist
Tomorrow, the Supreme Court will consider for the first time two cert petitions at its conference presenting Loper Bright-related questions. A third, more tangentially Loper Bright-related petition will return as a relist. United National Foods is Back The petition in United National Foods, Inc. v. NLRB raises at least two Loper Bright implementation questions: Whether…
Read MoreLoper Bright Looms Large in EPA’s Exempted Renewable Fuel Reallocation Plan
Earlier this month, a group of Republican U.S. Senators, led by Ted Cruz (Texas) and Mike Lee (Utah), sent a letter to the Environmental Protection Agency (“EPA”) discouraging the agency from moving forward with a proposal to reallocate exempted renewable volume obligations pursuant to the agency’s Renewal Fuel Standard program. Loper Bright figured prominently in the coalition letter and, specifically, the legislators’ argument that Congress’s failure to authorize such reallocation by statute deprived…
Read MoreApplying Loper Bright, Federal Circuit Upholds OPM Overtime Rule
AFP Foundation’s Michael Pepson mentioned Lesko v. United States as a case to watch for understanding how Loper Bright might guide restraint over agency authority without Chevron deference earlier this year. At the time, the Federal Circuit had ordered en banc review to reconsider whether the Court of Federal Claims correctly upheld the Office of…
Read MoreDOJ Eliminates Disparate-Impact Liability from Title VI Regulations in the Wake of Loper Bright
When the Supreme Court decided Loper Bright Enterprises v. Raimondo, overturning Chevron deference, it clarified the principle that federal agencies cannot extend their authority beyond what has been clearly authorized by Congress. In declaring that “statutes . . . have a single, best meaning,” the Court made clear that agencies must follow the law as…
Read MoreThe Stare Decisis Effects of Loper Bright 1
Jace Lington and Bennett Nuss discuss the implications of the Loper Bright decision on administrative law with guest Eli Nachmany. Eli’s forthcoming paper, “Deference Undisturbed,” examines the effects of the Loper Bright decision on prior cases decided under the Chevron framework. They discuss the open legal questions that remain after the end of Chevron, the role of Congress in shaping administrative law, and the future of…
Read MoreSquitieri & Schmidt Discuss Law-Fact Distinction after Loper Bright
Separation of Powers Institute Professor Chad Squitieri hosted Professor Natalie Schmidt for a fascinating discussion about her article on the distinction between law and fact. The podcast covers formalism, functionalism, realism, agencies’ role in factfinding, and why the distinction between law and fact is critical following the Supreme Court’s decision in Loper Bright. Listen to…
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