MVA Litigation Blog

In its 2023 term the U.S. Supreme Court will consider the case of Loper Bright Enterprises v. Raimondo, No. 22-451, in which the appellants have asked the Supreme Court to reverse decision in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), in which the Supreme Court affirmed the principle that the federal courts should defer authority of a federal agency in the interpretation of a statute where the development of regulations pursuant to a statute on a number of grounds, including the delegation of authority by Congress or the agency’s experience and expertise with respect to the subject matter.

Moore & Van Allen’s Mary Katherine Stukes, Pierce Werner, Chassity Bobbitt, and Jim McLoughlin worked jointly diligently with the Lawyer’s Committee staff attorneys to present a defense of the Chevron doctrine and to portray the potential negative impacts on civil rights should the Chevron doctrine be eviscerated by the Supreme Court. 

“The Chevron doctrine is a central principle of modern administrative law, and we were grateful for the opportunity to highlight its significance in the civil rights arena on the behalf of the Lawyers Committee in this important case,” states Head of Environmental Mary Katherine Stukes.

The issues presented by whether to keep or discard the Chevron doctrine are complex interactions of policy, federalism, Supreme Court precedent, and the pragmatic interactions of Congress and the Executive branch in the formation and execution of policy. The MVA team very much enjoyed the challenge and working the lawyers of the Lawyers Committee.