For the Times They Are (Might Be) A Changin’– How Two Supreme Court Decisions May Change Regulation of the Environment

Sponsored By: ABA Section of Environment, Energy & Resources – Spring Conference

Date: Thursday, April 4 9:00 a.m. – 10:30 a.m.

Location: Radisson Blu Aqua Hotel Chicago, Chicago, IL

Registration & More Info –  Click here.

By the end of this term, the Supreme Court could redefine the administrative state as we know it through three cases: Loper Bright Enterprises v. Raimondo, Relentless, Inc. v. Department of Commerce, and SEC v. Jarkesy. The first two cases could reshape the Chevron doctrine, which for nearly four decades has compelled federal courts to defer to an agency’s interpretation of an ambiguous statute. The third could limit the ability of agencies like the Environmental Protection Agency (EPA) to use administrative tribunals in enforcement actions, impacting decades of practice by environmental law practitioners before administrative law judges and reinvigorating the nondelegation doctrine. This panel will discuss how decisions in these cases could affect environmental regulation in the United States by restricting the administrative powers of agencies like EPA.