Chevron Deference Pre-decision

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The Chevron Deference Working Team

What Was 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 recognized that federal agencies possessed specialized expertise, surpassing that of courts and Congress, in interpreting certain kinds of laws. Consequently, when faced with ambiguity, courts were required to defer to such agency interpretations as long as they were deemed reasonable.

What’s Next?

The June 28, 2024, Supreme Court decision overturning Chevron marks a fundamental shift in administrative law and will have far-reaching implications across the federal government. With the underlying case supporting this deference overturned, the previous presumption that federal agencies exercise specialized expertise in interpreting certain laws, no longer stands. Rather, as the Court stated in Loper, statutory interpretation is the judiciary’s province, and agency interpretations can inform courts but no longer bind them. The full impact of this holding will play out in courts, the legislature and administrative agencies for years to come.

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 further developments in this area. 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

Lynn Calkins Partner

Dimitri Karakitsos Partner

Rafe Petersen Partner

Brian Bunger Partner

Johnny ElHachem Associate

Rich Gold Partner

Andy Emerson Partner

Miranda Franco Senior Policy Advisor

Joshua Odintz Partner

Steven Gordon Partner Kwamina Thomas Williford Partner

Timothy Taylor Partner

Christine Walz Partner

John Wood Partner Zachary Lundgren Associate

Amy O’Brien Associate

Alexandra Ward Associate

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