This morning, the United States Supreme Court issued its opinion in Loper Bright Enterprises et al. v. Raimondo et al., 603 U.S. ___ (2024), overruling the decades-old doctrine of deference to agency interpretations of ambiguous statutory provisions established in Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (1984) as inconsistent with the Administrative Procedure Act...

United States Litigation, Mediation & Arbitration

This morning, the United States Supreme Court issued its opinion in Loper Bright Enterprises et al. v. Raimondo et al., 603 U.S. ___ (2024), overruling the decades-old doctrine of deference to agency interpretations of ambiguous statutory provisions established in Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (1984) as inconsistent with the Administrative Procedure Act (APA). Going forward, courts "need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous." Loper Bright, Slip Op., p. 35. This opinion will significantly impact judicial review of Interior Department decisions covering a wide array of issues going forward (e.g., lease sales challenges, royalty disputes, etc.).