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With the Supreme Court’s recent ruling in the Loper Bright Case, courts no longer have to defer to agency interpretations of ambiguous laws. This is a massive change in the way administrative law is practiced at the federal level. The Loper Bright Case touches almost every area regulated by the Untied States government.
Professor WILLIAM BUZBEE will help us understand the implications of the Loper Bright Case and what the world might look like going forward.
William W. Buzbee holds the inaugural Edward and Carole Walter Professor chair and is a Professor of Law at Georgetown University Law Center. He also serves as the Faculty Director of Georgetown Law’s Environmental Law & Policy Program. In his teaching and scholarship, he specializes in environmental law, legislation and regulation, and administrative law. Recent publications focus on climate regulation, deregulation and law governing agency policy change, and federalism. He also offers seminars on advanced environmental, regulatory, and constitutional law subjects, with his most recent seminar focused on “The Art of Regulatory War.”
Outline
Quick review of where administrative state fits within separation of powers
What the world looked like with Chevron
As long as agencies pointed to statute (and notes), the coursts would give deference
What does the Loper Bright Case do to that world?
The Interaction with the “Corner Post” case and the “Major Questions Doctrine.”
What is your best guess on how legislation gets implemented going forward?
Can we count on Congress to up its game?
Who stands to benefit / Who loses?
Especially in the business / wealth / tax community?
Official Rules vs sub-guidance?
Venue of resolution- Administrative Actions vs “non expert” courts?
Multiple rulings from different courts on same regulation?
Additional Resources on the Loper Bright Case:
The Loper Case and its Applicability to Wealth and Tax Matters
Martin Shenkman on the applicability of the Loper Case on tax and wealth matters.