Lauren Campisi to Present on a Potential Revisit by SCOTUS of Chevron Deference at ABA Business Law Section Fall Meeting

New Orleans-based partner Lauren Campisi will participate on a panel titled "U.S. Supreme Court to Revisit Chevron Deference: What the SCOTUS Decision Could Mean for CFPB, FTC, and Federal Banking Agency Regulations" at the American Bar Associations Business Law Fall Meeting on September 7, 2023, in Chicago, Illinois. The program will examine the possible effects should the U.S. Supreme Court reverse or limit its holding in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc., particularly as it relates to regulations upheld by courts based on Chevron.

The Supreme Court will hear Loper Bright Enterprises, et al. v. Raimondo next term. The case directly challenges the continued use of the Chevron framework, which requires courts to use a two-step analysis to determine if they must defer to an agency's interpretation. In step one, courts determine if the statute directly addresses the precise question before the court. If not, they move to step two and determine if the agency's interpretation is reasonable. For more information on Loper, review this article.