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What's Next for the Regulatory Landscape Post-Chevron?

July 8, 2024
Lexology
Summary
On June 28, 2024, the U.S. Supreme Court overruled the Chevron doctrine in Loper Bright Enterprises v. Raimondo, which had allowed courts to defer to agency interpretations of ambiguous statutes for nearly 40 years. This change, along with the Court's subsequent ruling on July 1 regarding the timing of the statute of limitations under the Administrative Procedure Act in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, signals a significant shift in administrative law. The withdrawal of Chevron deference means that courts will now independently interpret statutory law without automatically deferring to agency expertise. This will likely result in increased litigation as regulated industries challenge agency actions, impacting sectors such as healthcare, environment, real estate, and more. The implications are profound, as the regulated community may now leverage these rulings to contest a broader spectrum of federal regulations, necessitating closer scrutiny of statutory language by agencies and Congress alike.
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