Digital Library: Consumer Litigation Guide to Supreme Court Rejection of Chevron

By: Jennifer Wagner, Nicole Cabañez

July 18, 2024 — Article

On June 28 and July 1, the Supreme Court issued two decisions that will facilitate greater challenges to federal agency rules. In Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244 (2024), the Supreme Court overruled the long-standing doctrine for reviewing federal agency rulemaking based on an interpretation of a statute, as set forth in Chevron, U.S.A., Inc. v. Nat. Res. Def. Council, Inc.

This article focuses not on the rulings’ impact on agency rulemaking generally, but on the implications of these decisions for consumer attorneys bringing claims relying on federal agency rules and agency interpretations of federal consumer laws. The article takes a step-by-step approach to responding to these decisions.