The Future Is Loper Bright

Bracewell partners Jeff Holmstead and Brittany Pemberton join host Daniel Pope to dive into the seismic shift in environmental law following the overturning of the Chevron deference in Loper Bright Enterprises v. Raimondo. Listen as Jeff, Brittany and Daniel dissect the implications of this landmark decision for the future of agency policymaking. Hear a conversation that will help you unravel the complexities of this pivotal moment in legal history with insights from those at the heart of environmental regulation.
Episode Highlights
[1:30] The End of Chevron Deference and Its Implications: Daniel recaps the Loper Bright decision, describing how Chevron deference became more controversial over time. He cites “regulatory whiplash” - the policy shifts that come with changes of presidential administration - as one reason Chevron deference became more unworkable.
[7:16] Navigating Changes in Environmental Regulation and Policy: Jeff discusses how he believes the decision will affect agency policymaking. He speculates how businesses will need to interact with agencies in this new regulatory environment.
[13:47] The Fate of Chevron Decisions Post-Chevron: Brittany says that Chief Justice Roberts has suggested that rules litigated or upheld under Chevron won’t be reopened in a tidal wave of litigation. Brittany believes any rule challenge will likely need special justification to overcome the reliance on precedent.
[23:59] The Unintended Legacy of Chevron Deference: Jeff references the publication of a new book recounting the history of Chevron deference to reflect on Chevron’s 40-year legacy. He notes how Chevron became an important decision when that was not the intention of the decision’s original authors.
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The opinions expressed in this podcast are those of the speakers and do not necessarily reflect the viewpoint of their institutions or clients.
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