Joe Palmore spoke toCommunications DailyandCommunications Litigation Todayabout the upcoming U.S. Supreme Court caseLoper Bright Enterprises v. Raimondo, which the court is likely to use to clarify the status of theChevrondoctrine.
According to Joe, there is a “road map” for narrowingChevron. In 2019, SCOTUS “chose not to overrule its decision requiring deference to administrative interpretations of ambiguous regulations, but it did limit the circumstances when such deference would come into play,” Joe said.
“We could see something like that inLoper,” he added. “Whatever the outcome, the decision should provide needed clarity for litigants and lower courts.Chevronhas been under a cloud for several years – the court hasn’t overruled it but also has avoided citing it.”