On June 28, 2024, the Supreme Court issued its decision in Loper Bright Enterprises v. Raimondo. The decision overturns decades-old precedent and alters a foundational principle of the law governing federal court review of decisions by federal administrative agencies, including the Federal Energy Regulatory Commission (FERC) and the Federal Communications Commission (FCC). It is too soon to know how the federal courts will apply Loper Bright, but the decision will likely narrow the ability of all federal agencies to do their jobs. Clients should expect a period of disruption and uncertainty as courts work out how to apply Loper Bright’s new standard of reviewing agency action.
This Client Alert, available for download below, provides an overview of Loper Bright and its potential ramifications—please reach out to firm attorneys with any questions or for more information.
