On June 28, the Supreme Court of the United States (SCOTUS) issued its highly-anticipated ruling in a pair of cases challenging the long-standing Chevron doctrine. Foreshadowed by decisions in recent years criticizing Chevron, it was widely expected that SCOTUS would use its rulings in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce to diminish, if not entirely discard, Chevron's precedent of judicial deference to agencies. SCOTUS took decisive action, overruling Chevron and potentially changing the way courts will review federal agency-related litigation for many years to come.
It is crucial to reassess your strategies and priorities related to federal regulations. You can get started by considering these areas:
- Identify Governing Federal Agencies: Understand which federal agencies have regulatory authority over your business operations. This may extend beyond your specific industry to include departments like the Department of Labor, the Department of Health and Human Services, and the Department of the Treasury.
- Review Current and Threatened Litigation: Assess ongoing or potential legal disputes involving federal regulations. Consult with legal counsel to determine if these regulations or the arguments supporting them are vulnerable to challenge under the new legal landscape.
- Evaluate Business Opportunities: Consider how the change in the law might benefit your business or industry. If you are currently burdened by restrictive agency interpretations, have been denied permits or authorizations, or find yourself at a competitive disadvantage based on agency action, this shift could provide new avenues for legal recourse.
- Engage with Industry Groups: Stay informed and be proactive by engaging with industry-specific lobbying groups. These organizations can offer valuable insights and support as the regulatory environment evolves.
Baker Donelson attorneys advise clients across innumerable industries, each of which face unique regulatory concerns. Our colleagues in health care, disaster recovery, labor and employment, and other areas have been monitoring these nation-wide developments, are authoring industry-specific guidance, and available to consult on business-specific opportunities.