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…
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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…
Federalist 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:
Federalist 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…
Supreme 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…
Americans for Prosperity Foundation Applauds Finalization of Trump NEPA Permitting Reforms
Today, the Trump Administration announced that the Council on Environmental Quality (CEQ) took a key step in achieving landmark permitting reforms by finalizing an Interim Final Rule (IFR) rescinding CEQ’s National Environmental Policy Act (NEPA) implementing regulations. Americans for Prosperity Foundation applauds this action, which was made possible, in part, by President Trump’s day-one Executive Order on “Unleashing American Energy,” which repealed an Executive Order issued by President Carter directing CEQ to issue government-wide NEPA rules. AFPF submitted a comment supporting CEQ’s IFR and this outcome. CEQ’s Final Rule…
Americans For Prosperity Foundation Files Comment on The Administration’s Efforts to Update WOTUS Definition
Today, Americans for Prosperity Foundation filed a comment on the EPA’s and Army Corps of Engineers’ proposal to update regulations defining “waters of the United States”—which set forth the agencies’ understanding of their jurisdiction under the Clean Water Act (CWA). The rule attempts to better respect constitutional and statutory limits on federal power and protect…
Loper 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…
Applying 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…
AFP 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…