Chevron Deference Pre-decision

The Chevron Deference Working Team

What Is Chevron Deference?

Nearly 40 years ago, the U.S. Supreme Court's ruling in Chevron v. Natural Resources Defense Council established the principle of Chevron deference, signaling that courts should defer to an agency's reasonable interpretation of an ambiguous statute it is charged with administering. This doctrine recognizes that federal agencies possess specialized expertise, surpassing that of courts and Congress, in interpreting certain kinds of laws. Consequently, when faced with ambiguity, courts are required to defer to such agency interpretations as long as they are deemed reasonable. However, recent Supreme Court proceedings suggest that Chevron deference may be facing significant scrutiny, with some justices signaling a readiness to either abandon or substantially limit the doctrine.

Why Does It Matter?

The potential overhaul of Chevron deference would mark a fundamental shift in administrative law, with far-reaching implications across the federal government. Given that agencies often rely on highly trained experts to interpret and implement federal laws, any changes to Chevron deference would necessitate the reevaluation and potential redrafting of laws and regulations.

How We Can Help

Holland & Knight is strategically positioned to address these evolving concerns on behalf of our clients.

Drawing on a diverse array of experience across the firm, we have assembled a dedicated team capable of navigating the complexities surrounding Chevron deference. Leveraging our robust regulatory, litigation and public policy practices, we provide our clients with a distinct competitive advantage. Unlike others who have scaled back their regulatory practices, we have continued to strengthen ours, offering comprehensive regulatory experience, litigation proficiency and legislative drafting skills.

Contact Us

Amit Agarwal

Partner | Washington, D.C. 850.425.5611

amit.agarwal@hklaw.com

Andy Emerson

Partner | Washington, D.C. 202.469.5118

andrew.emerson@hklaw.com

Lynn Calkins

Partner

Washington, D.C. | 202.457.7041

Nashville | 615.850.8959

lynn.calkins@hklaw.com

Rich Gold

Partner | Washington, D.C.

202.457.7143

rich.gold@hklaw.com

Steven Gordon Partner | Washington, D.C. 202.457.7038 steven.gordon@hklaw.com

Rafe Petersen 202.419.2481 rafe.peterson@hklaw.com

John Wood Partner | Washington, D.C. 202.469.5628 john.f.wood@hklaw.com

Amy O'Brien Associate | Washington, D.C. 202.469.5520 amy.obrien@hklaw.com

Dimitri Karakitsos Partner | Washington, D.C. 202.469.5132 dimitri.karakitsos@hklaw.com

Christine Walz Partner | New York 212.513.3368 christine.walz@hklaw.com

Brent Cooper Associate | Washington, D.C. 202.469.5622 brent.cooper@hklaw.com

Alexandra Ward Associate | Washington, D.C. 202.469.5622 alexandra.ward@hklaw.com