News & Analysis as of

Loper Bright Enterprises v Raimondo Administrative Authority

Eversheds Sutherland (US) LLP

Tax Court holds final partnership adjustment untimely, invalidates conflicting regulation

On July 2, 2025, the Tax Court issued its unanimous reviewed opinion in JM Assets, LP v. Commissioner, 165 T.C. 1. It held that the Service did not timely issue a final partnership adjustment (FPA) to JM Assets, LP (JM...more

Venable LLP

Xlear v. FTC: Utah Company Files Challenge to Long-standing FTC Substantiation Requirements Post-Loper

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In a lawsuit that will likely be closely watched, Xlear, Inc.—a Utah-based manufacturer of xylitol-based hygiene products—has filed a federal lawsuit against the Federal Trade Commission (FTC) and its chairman, Andrew N....more

K&L Gates LLP

Rollbacks and Repeals: How a New Administration Effectuates Policy Changes

K&L Gates LLP on

When a new president is elected, the incoming administration often engages in an intense review of its predecessor’s policy actions, particularly when there has been a shift in party control. This process typically begins...more

BCLP

TCPA Landscape Set to Shift With Supreme Court's Grant of Certiorari to Mclaughlin Junk Fax Case

BCLP on

Just a few months after the United States Supreme Court voted 6-3 to overturn the long-standing and widely applied legal precedent known as “Chevron deference,” it has agreed to hear a case that could entirely shift the...more

Epstein Becker & Green

The Loper and Jarksey Era: Agency Power to Award Civil Penalties in SEC and FINRA Under Increased Scrutiny

Epstein Becker & Green on

Since the U.S. Supreme Court’s landmark Loper decision, which overturned the longstanding precedent of the Chevron doctrine for agency deference, it was anticipated that lower courts, as well as the Supreme Court, would begin...more

Clark Hill PLC

Administrative Law Report - November 2024, Vol. 2

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How a Game-Changing Supreme Court Decision Affects MSHA

Among the highly consequential decisions issued by the Supreme Court of the United States at the end of the most recent term is a long-anticipated one that stands to bring about a seismic shift in administrative law....more

K&L Gates LLP

The Post-Chevron Toolkit: The New Era for Regulatory Review

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In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine with its decision in Loper Bright Enterprises v. Raimondo, eliminating the requirement that courts defer to...more

Clark Hill PLC

Administrative Law Report - October 2024, Vol. 1

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Welcome to your monthly rundown of all things administrative law, where we highlight all the happenings you may have missed. Environmental/Energy: D.C. Circuit Defers to EPA’s Factual Determinations: On Aug. 13, the US Court...more

Venable LLP

A "Tsunami of Lawsuits Against Agencies"? Taking Stock of the Post-Chevron Government Contracting World

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The U.S. Supreme Court's blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case (Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.) that required courts to defer to agencies'...more

Carlton Fields

Breeze or Gale? Unanswered Questions at the Heart of the Supreme Court’s Recent Administrative Law Decisions

Carlton Fields on

When legal historians look back on the U.S. Supreme Court’s 2024 term, the most eye-popping decisions will almost certainly be the immunity and ballot access claims lodged by former President Trump. Those opinions are,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Supreme Court Decisions Curtail Regulatory Agencies’ Powers, Making It Easier To Challenge Rules

The U.S. Supreme Court’s 2023 term is another chapter in the Roberts Court’s trend of shifting power away from administrative agencies and into the hands of courts....more

Cranfill Sumner LLP

After Jarkesy, What Is Next for In-House Enforcement Proceedings?

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Much virtual ink has been spilled in the weeks and months since the Supreme Court issued its opinion in Securities and Exchange Commission v. Jarkesy—much attesting to that the decision was the death knell for in-house...more

BakerHostetler

Fifth Circuit Upholds DOL Authority to Set Minimum Salary Threshold for EAP Exemption from FLSA Overtime Requirements

BakerHostetler on

In a follow-up to our previous client alerts on the U.S. Department of Labor (DOL) issuing a new overtime exemption rule and legal challenges to the new rule, a three-judge panel on the Fifth Circuit found that the DOL was...more

Mandelbaum Barrett PC

How the Supreme Court’s Loper Decision Overturns Chevron Doctrine and Impacts Employment Law

Mandelbaum Barrett PC on

The Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, __ U.S. __ (2024), overturning the 40-year-old Chevron doctrine, drastically reshapes administrative law....more

Cadwalader, Wickersham & Taft LLP

Loper Bright, Jarkesy, and Implications for the SEC

“Chevron is overruled,” Chief Justice Roberts wrote in Loper Bright Enterprises v. Raimondo, because “[t]he deference that Chevron requires of courts reviewing agency action cannot be squared with the [Administrative...more

Schwabe, Williamson & Wyatt PC

The Net-Net: How the Supreme Court’s Administrative Law Rulings Could Transform the Tech Industry ‎

This summer, the Supreme Court ended its term shortly after issuing game-changing rulings that modify the authority of federal agencies. Given the result of restraining agencies such as the FTC and FCC from interpreting and...more

Conn Maciel Carey LLP

Destabilized But Not Yet Deconstructed: Analysis of This Momentous SCOTUS Term for the Administrative State

Conn Maciel Carey LLP on

The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with...more

Jackson Lewis P.C.

U.S. Supreme Court Decision Limits SEC’s Ability to Use Administrative Proceedings in Fraud Cases

Jackson Lewis P.C. on

The U.S. Supreme Court held that when the Securities and Exchange Commission (SEC) seeks civil penalties against a defendant for securities fraud, the Seventh Amendment of the U.S. Constitution entitles the defendant to a...more

Venable LLP

Impact of Loper Bright on International Trade Issues

Venable LLP on

Recently, Venable's Government Division offered its general thoughts on the fallout from the Supreme Court's reversal of the long standing Chevron deference principle. Here, the International Trade and Logistics Group offers...more

Stoel Rives - Environmental Law Blog

SEC v. Jarkesy: In-House Adjudicators are Out and the Jury is In

Why do environmental professionals need to know about a recent securities case? Read on for details. In response to the Wall Street Crash of 1929, Congress passed the Securities Act of 1933, the Securities Exchange Act of...more

Arnall Golden Gregory LLP

What the Supreme Court’s Loper Decision Means for the Affordable Housing Industry

Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five...more

Steptoe & Johnson PLLC

Two U.S. Supreme Court Decisions Will Affect the Securities Industry

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The Supreme Court of the United States (SCOTUS) recently issued two opinions that are likely to have a longer-term effect on the way securities industry matters are handled. Juries, not the Securities Exchange Commission...more

K&L Gates LLP

What Overturning Chevron Means for the Way Congress Does Its Business

K&L Gates LLP on

While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful...more

Holland & Knight LLP

U.S. Supreme Court Rulings Affect Challenges to Tax Regulations

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Upon closing its October 2023 term, the U.S. Supreme Court issued two significant opinions – despite neither being a tax case – that will have broad consequences for taxpayers seeking to challenge tax regulations and other...more

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