In its 2023 term the U.S. Supreme Court will consider the case of Loper Bright Enterprises v. Raimondo, No. 22-451, in which the appellants have asked the Supreme Court to reverse decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), in which the Supreme Court affirmed the principle that the federal courts should defer authority of a federal agency in the interpretation of a statute where the development of regulations pursuant to a statute on a number of grounds, including the delegation of authority by Congress or the agency’s experience and expertise with respect to the subject matter.
Moore & Van Allen’s Mary Katherine Stukes, Pierce Werner, Chassity Bobbitt, and Jim McLoughlin worked jointly diligently with the Lawyer’s Committee staff attorneys to present a defense of the Chevron doctrine and to portray the potential negative impacts on civil rights should the Chevron doctrine be eviscerated by the Supreme Court.
“The Chevron doctrine is a central principle of modern administrative law, and we were grateful for the opportunity to highlight its significance in the civil rights arena on the behalf of the Lawyers Committee in this important case,” states Head of Environmental Mary Katherine Stukes.
The issues presented by whether to keep or discard the Chevron doctrine are complex interactions of policy, federalism, Supreme Court precedent, and the pragmatic interactions of Congress and the Executive branch in the formation and execution of policy. The MVA team very much enjoyed the challenge and working the lawyers of the Lawyers Committee.
Chassity has represented clients in internal and government investigations involving financial regulatory compliance and antitrust issues. She has also assisted in representing large corporations and financial ...
Mary Katherine helps manufacturers, real estate developers, lenders, local governments, and other clients find creative solutions in real estate, financing, and corporate transactions involving environmental risk.
Pierce’s litigation experience includes representation of clients in both simple and complex matters before civil and administrative courts of law. Pierce has been involved in cases involving toxic torts, environmental ...
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Companies are operating in an increasingly globalized and regulated business environment, facing ever-changing and complicated litigation and regulatory challenges. We provide cutting-edge information regarding developments in federal, North Carolina State, and international litigation, as well as in arbitration, regulatory enforcement, and related business practices.
MVA Litigation Blog Updates
- In Loper Bright and Relentless, Supreme Court returns to high-stakes question of viability of the Chevron doctrine
- MVA team files amicus brief in the Supreme Court on the future of the Chevron Doctrine
- Tanisha Palvia and Alli Davidson co-author article: SCOTUS clarifies intent requirement for False Claims Act cases
- Kyle Jacob and Jim McLoughlin co-author Westlaw article: Supreme Court dramatically expands scope of state court jurisdiction over businesses