News & Analysis as of

Chevron Deference Supreme Court of the United States Loper Bright Enterprises v Raimondo

Husch Blackwell LLP

Does Loper Bright Simply Not Matter to the D. C. Circuit When It Comes to the NLRB? Will the Supreme Court Weigh In?

Husch Blackwell LLP on

On July 31, 2025, Hood River Distillers, Inc. filed a petition for writ of certiorari imploring the Supreme Court to overturn a ruling of the D. C. Circuit. The D. C. Circuit had affirmed a National Labor Relations Board...more

ArentFox Schiff

Engaging Congress in a Post-Chevron World and Preparing for Its September Return

ArentFox Schiff on

This fall, Congress is poised to consider and develop legislation differing in type and scope — from funding measures to reconciliation proposals....more

Benesch

Post Loper Bright, Courts Differ on How to Handle Skidmore

Benesch on

For 40 years, courts applied the precedent set by the United States Supreme Court in Chevron U.S.A. Inc. v. National Resources Defense Council, Inc. by deferring to administrative agency interpretations of ambiguous statutes....more

Blank Rome LLP

Supreme Shift: How McLaughlin is Reshaping the TCPA

Blank Rome LLP on

The legal landscape for businesses facing Telephone Consumer Protection Act (“TCPA”) claims may be undergoing a seismic shift. In the wake of the Supreme Court’s decision in McLaughlin Chiropractic Assocs., Inc. v. McKesson...more

Williams Mullen

Agencies Propose Revision to the Endangered Species Act “Harm” Definition

Williams Mullen on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively referred to as the “Agencies”) proposed on April 17, 2025, to remove the definition of “harm” under their respective...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Introduces Rule To Repeal Endangerment Finding

On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger...more

Perkins Coie

US Supreme Court Strikes Another Blow Against the Administrative State

Perkins Coie on

Key takeaways - - Federal district courts are no longer required to defer to the FCC's interpretation of statutes in civil enforcement proceedings. - Regulated entities can now challenge prior federal agency interpretations...more

Bergeson & Campbell, P.C.

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,...more

Klein Moynihan Turco LLP

TCPA Quiet Hours Telemarketing and Consent

Does prior express written consent permit calls/texts to consumers during the Federal Communications Commission’s (“FCC”) proscribed quiet hours? As our readers know, the FCC is now considering this very issue insofar as it...more

Husch Blackwell LLP

Supreme Court Clarifies District Courts' Independence from FCC's TCPA Interpretations

Husch Blackwell LLP on

In a decision with sweeping implications for the administrative law and the regulation of tele-communications practices—to say nothing of one of the most dangerous class-action devices in history—the Supreme Court ruled in...more

Bergeson & Campbell, P.C.

[Webinar] Loper Bright: Has the Demise of Chevron Deference Mattered? - July 15th, 11:00 am - 12:00 pm EDT

Bergeson & Campbell, P.C. (B&C®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of...more

Troutman Amin LLP

SYSTEM REBOOT ON AUTODIALERS?: McLaughlin and the Future of TCPA Statutory Interpretation

Troutman Amin LLP on

Greetings TCPAWorld! When you thought you’d seen it all… think again. Here at TCPAWorld, we are the first in everything. The Supreme Court dropped another surprise that’s about to turn everything upside down again. See...more

Davis Wright Tremaine LLP

Leveling—or Blowing Up—the Hobbs Act Playing Field?

The Administrative Order Review Act (better known as the "Hobbs Act") grants "exclusive jurisdiction" to the federal courts of appeals to "determine the validity" of most FCC orders and rules and certain other agency orders....more

Benesch

SCOTUS Rejects FCC Edicts: Courts are (Finally) Free to Interpret the TCPA

Benesch on

In a highly anticipated decision with broad implications for Telephone Consumer Protection Act (“TCPA”) litigants, on June 20, 2025, the Supreme Court issued its decision in McLaughlin Chiropractic Associates, Inc. v....more

Eversheds Sutherland (US) LLP

Supreme Court: Hobbs Act does not require federal courts to defer to FCC

On June 20, 2025, the U.S. Supreme Court issued its ruling in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp., holding that the federal Hobbs Act does not bind district courts in civil enforcement proceedings to a...more

McGlinchey Stafford

SCOTUS: Hobbs Act Does Not Bind District Courts to FCC’s Statute Interpretation

McGlinchey Stafford on

Following in the wake of last years’ Loper Bright and Relentless, Inc. decisions that ended agency deference, the Supreme Court ruled on Friday in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp. that the Hobbs Act...more

ArentFox Schiff

What Regulated Businesses Should Know About the Supreme Court’s Recent NEPA Decision

ArentFox Schiff on

The National Environmental Policy Act (NEPA) is a federal statute that outlines how federal agencies must review the environmental impacts of their regulatory actions. The regulated community has often viewed NEPA as an...more

Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

Moore & Van Allen PLLC on

A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more

Epstein Becker & Green

Impact on the Environment and Potentially Greater Impact on Administrative Law - SCOTUS Today

Epstein Becker & Green on

Readers of this blog will recall our recent discussion concerning the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, in which the Court overruled the long-standing doctrine of Chevron U.S.A. Inc. v....more

Clark Hill PLC

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

Clark Hill PLC on

Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...more

Rumberger | Kirk

Supreme Court’s Hazy Junk Faxes Case Is Sure to Affect Compliance

Rumberger | Kirk on

Companies that rely on digital marketing are awaiting a pivotal decision from the US Supreme Court on how federal courts should treat a Federal Communications Commission interpretation of a law against junk faxes. ...more

Kilpatrick

4 Key Takeaways | The Top 10 Sales and Tax and Income Tax Cases

Kilpatrick on

Kilpatrick’s David Hughes recently participated in a panel titled - “The Top 10 Sales Tax and Income Tax Cases” - at the Council on State Taxation (COST) Annual Spring Meeting in New Orleans. David and his fellow thought...more

Zuckerman Spaeder LLP

Recent Developments in the “Change in the Law” Reason for Compassionate Release

Zuckerman Spaeder LLP on

Over the last several years, thousands of incarcerated individuals have filed motions for compassionate release. As part of the submission process, individuals must outline the “extraordinary and compelling” reasons that...more

Vedder Price

President Trump Issues Executive Action Directing the Repeal of Unlawful Regulations

Vedder Price on

On April 9, 2025, President Trump issued a presidential memorandum (the order) directing the heads of all Federal agencies to identify unlawful or potentially unlawful regulations that clearly exceed the agency’s statutory...more

Carlton Fields

DOL ESG Rule Withstands Demolition of Chevron Deference

Carlton Fields on

In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court knocked down Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc., leaving the doctrine of Chevron deference in rubble. The doctrine stated that, when a...more

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