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Loper Bright Keeps Reshaping Agency Power
Description
In this episode of Unwritten Law, NCLA President and Chief Legal Officer Mark Chenoweth and Senior Litigation Counsel John Vecchione discuss developments in the Supreme Court’s landmark Loper Bright and Relentless (2024) decisions overturning Chevron deference.
Mark and John explain the unusual procedural developments following the Supreme Court’s decision, including remand proceedings in the First Circuit, negotiations over holding the case in abeyance, and why the federal government may now be reconsidering the legality and practicality of the rule.
The episode also explores broader implications of Loper Bright: why agencies can no longer rely on Chevron deference to expand statutory authority, why removing unlawful rules matters beyond any one administration, and how regulatory power can continue to affect industries long after political leadership changes.