Chevron Doctrine

Navigating Challenges to Administrative Agency Actions in an Evolving Landscape

The doctrine of deference to federal administrative agencies, known as the Chevron doctrine after the United States Supreme Court decided Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. in 1984, is a cornerstone of modern administrative law. The doctrine requires courts to defer to an agency’s reasonable interpretation of the statute it administers when the statute is unclear or ambiguous.

On January 17, 2024, the United States Supreme Court revisited the Chevron doctrine when it heard oral argument in two related cases, Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo, challenging the Chevron doctrine. If the Court repeals or changes the doctrine, the ramifications for administrative adjudication, rulemaking, and other agency interpretations of statutory authority could be significant. Decades’ worth of rules, orders, and other statutory interpretations could be undermined.

Morgan Lewis has assembled a cross-disciplinary team of more than 20 lawyers who regularly represent companies in front of nearly every major federal agency. Blending the strength of our appellate litigation practice with this regulatory experience, this team is prepared to provide you guidance on the shifting regulatory and legislative landscape, strategies to challenge existing agency rules and orders, risk mitigation for transactions and product development, and assistance in crafting responses to agency inquiries or enforcement actions.


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