Was The Push to Overrule Chevron Much Ado About Nothing? Practical Strategies for Writing Agency Decisions and Stakeholder Comments in the Post-Loper Bright World
In Loper Bright, the Supreme Court abandoned the principle that ambiguity in a federal statute is an implicit delegation of interpretive authority to the agency charged with administering the program. Does this ruling represent a sea change in administrative law? Much ado about nothing? Something in between? Our panelists – who have decades of experience litigating administrative law issues – will discuss and debate these topics and offer practical advice for agencies and stakeholders about how to navigate the post-Loper Bright world. Our panel’s expertise encompasses both federal law and the law of Delaware, which was the first state to eliminate Chevron deference. They will weave in doctrinal concepts (such as the relationship between Chevron, State Farm, and major questions doctrine) in ways that are accessible to a wide range of conference participants.
Panelists
• Richard A. Forsten, Partner, Saul Ewing, Co-Chair, Delaware General Assembly’s Administrative
Law Improvement Task Force, Member, Supreme Court of Delaware Rules Committee
Wilmington, DE
• Meghan Greenfield, Senior Counsel for Litigation, U.S. Environmental Protection Agency,
Formerly Senior Appellate Attorney, Environment & Natural Resources Division, U.S.
Department of Justice, Washington, DC
