Joe Palmore spoke to Communications Daily and Communications Litigation Today about the upcoming U.S. Supreme Court case Loper Bright Enterprises v. Raimondo, which the court is likely to use to clarify the status of the Chevron doctrine.
According to Joe, there is a "road map" for narrowing Chevron. In 2019, SCOTUS "chose not to overrule its decision requiring deference to administrative interpretations of ambiguous regulations, but it did limit the circumstances when such deference would come into play," Joe said.
"We could see something like that in Loper," he added. "Whatever the outcome, the decision should provide needed clarity for litigants and lower courts. Chevron has been under a cloud for several years – the court hasn't overruled it but also has avoided citing it."
Read the full article (subscription required).
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Morrison & Foerster LLP. All rights reserved