As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape. These decisions—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, Ohio v. EPA, and SEC v. Jarkesy—both individually, and in combination, constrain the power of federal agencies and give the federal judiciary greater authority to review, restrain, and overturn federal administrative actions.
- Loper Bright Enterprises v. Raimondo: The Court overruled the Chevron doctrine, limiting deference to agency interpretations of statutes.
- Corner Post, Inc. v. Board of Governors of the Federal Reserve System: Extended the timeframe for challenging regulations, allowing challenges to regulations long after their enactment.
- Ohio v. EPA: Reinforced the requirement for agencies to thoroughly address public comments when implementing regulations.
- SEC v. Jarkesy: Held that there is a right to a jury trial in SEC enforcement actions, called into question the constitutionality of in-house agency adjudications.
These rulings present new challenges for agencies, offer regulated entities novel avenues to contest governmental oversight, and add uncertainty for regulated entities. Click through to explore how these decisions could impact your business and the regulatory environment.