Following the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, the path forward is laden with both opportunities for regulated parties and challenges for federal administrative agencies. The ruling sets a new precedent that will undoubtedly impact the broader regulatory landscape. This Working Paper examines key opportunities and challenges in a post-Chevron deference administrative law world. The paper covers the following topics:

The Loper Bright Decision

What Loper Bright Does Not Change

New Opportunities For The Regulated Community In Future Litigation

Opportunities To Challenge Pre-Loper Bright Decisions

Challenges For Federal Agencies

    • The Demise of Vagueness
    • Agency Interpretations as Policy Implementation
    • Uncertainty and Inconsistency

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