Loper Bright and the End of Chevron Deference? — A Conversation with Kelly N. Garson

This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference, especially as it relates to Toxic Substances Control Act (TSCA) litigation. We discuss what Chevron deference is, other types of deference that are still very much a part of judicial review, and how Chevron’s elimination could impact the implementation of the 2016 amendments to TSCA given the many issues in dispute now pending before many federal circuit courts.

Resources:

• Lynn L. Bergeson, Kelly N. Garson, “Loper Bright and TSCA: Will the demise of Chevron matter?,” Chemical Watch, July 22, 2024.
• Environmental Defense Fund v. U.S. Environmental Protection Agency, No. 23-1166 (D.C. Cir. Dec. 20, 2024).