The Future of Administrative Law: The Loper Bright/Relentless Cases’ Potential Impact

January 29, 2024 12:00 pm — 1:30 pm
Webinar Only

An ELI Public Webinar

Administrative law shapes how environmental law is enacted and implemented at the federal level; however, the current framework may be significantly impacted by an upcoming Supreme Court ruling. On January 17th, the Court heard Loper Bright Enterprises v. Raimondo argued in tandem with Relentless, Inc. v. Department of Commerce. These cases discuss the National Marine Fisheries Service’s interpretation of the Magnuson-Stevens Act, and will decide “[w]hether the Court should overrule Chevron or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency." The potential overruling or limiting of Chevron deference would have major consequences for environmental law, as it could limit federal agencies’ ability to advance reasonable interpretations of their governing statutes.

Join the Environmental Law Institute and expert panelists to discuss these cases, takeaways from the oral argument, and predictions for how the Supreme Court might rule. What trends did our panelists observe in the justices’ questioning? How likely does it appear that Chevron deference will be limited or overruled? And what does all of this mean for environmental law? We will discuss these questions and many more.

H. Jordan Diamond, President, Environmental Law Institute, Moderator
David Doniger, Senior Strategic Director, Climate & Clean Energy Program, Natural Resources Defense Council  
Holly Doremus, Associate Dean, Faculty Development and Research James H. House and Hiram H. Hurd Professor of Environmental Regulation, UC Berkeley School of Law 
Kevin Poloncarz, Partner, Covington & Burling
Steph Tai, Associate Dean for Education and Faculty Affairs, Nelson Institute for Environmental Studies; Professor of Law, University of Wisconsin-Madison

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