September 11, 2024
Court Sets Speedy Schedule To Revisit Loper After Chevron’s Demise
The U.S. Court of Appeals for the D.C. Circuit has set a quick schedule to reconsider its decision upholding a National Marine Fisheries Commission (NMFS) rule after the Supreme Court vacated the court’s 2022 holding when it overturned the longstanding Chevron deference doctrine, setting up an early test of how lower courts will apply the new precedent. “In light of the Supreme Court’s decision in Loper Bright Enterprises Inc. v. Raimondo , vacating this Court’s August 12, 2022, judgment,...
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