Loper Bright Enterprises v. Raimondo
Losing Chevron: What Does It Mean for California?
The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.
A question I’ve been getting a lot since the Supreme Court overturned the Chevron doctrine is: “What does this decision mean for California?” Here are three takeaways about how the Golden State is likely—or not—to be impacted at first blush. First, the decision does have the potential to impact California directly in some pending litigation. …
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CONTINUE READINGIs Loper v. Raimondo Really the Power Grab Commentators Assume?
The Supreme Court has already grabbed power from agencies through the major questions doctrine.
Headlines about today’s decision in Loper v Raimondo overturning the 40 year-old decision in Chevron v NRDC that granted agencies deference in their interpretation of ambiguous statutes focus on the “massive power grab,” the decision’s “sweeping” nature and call it a “blow” to the administrative state. My view may be idiosyncratic but I don’t view …
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CONTINUE READINGThe U.S. Supreme Court & Environmental Law in 2024
Numerous Key Environmental Issues and Doctrines Will Confront the Justices This Year
As we begin 2024, it’s useful to identify and assess the many environmental issues that the U.S. Supreme Court has agreed to decide this year. It seems likely that the conservative majority of the justices will erode or, perhaps, dramatically jettison longstanding principles of environmental law and policy in the coming months. Summarized below are …
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