In January, all nine justices heard oral arguments in Relentless. However, in Loper Bright, Justice Ketanji Brown Jackson recused herself due to her prior involvement in the case at the D.C. Circuit.
Supreme Court Strikes Down Chevron Deference : Court Rulings and Legal Representation
The Relentless case was initially filed in Rhode Island federal court in 2020 and dismissed in 2021. The First Circuit upheld this decision last year. The fishing companies in Relentless are represented by John J. Vecchione, Mark S. Chenoweth, Kara M. Rollins, and Philip Hamburger of the New Civil Liberties Alliance, and Roman Martinez, Charles S. Dameron, Michael Clemente, William J. Seidleck, and Alexander G. Siemers of Latham & Watkins LLP.
The Loper Bright plaintiffs filed their case in Washington, D.C., federal district court in 2020. After losing there in 2021 and again at the D.C. Circuit in 2022, they took their case to the Supreme Court. The plaintiffs are represented by Paul D. Clement, Andrew C. Lawrence, and Chadwick J. Harper of Clement & Murphy PLLC, along with Ryan P. Mulvey, Eric B. Bolinder, and R. James Valvo III of Cause of Action Institute.
Federal Government Representation
The federal government is represented by Elizabeth B. Prelogar, Todd Kim, Edwin S. Kneedler, Matthew Guarnieri, Rachel Heron, Dina B. Mishra, and Daniel Halainen of the U.S. Department of Justice.
Supreme Court Strikes Down Chevron Deference : Uncertain Future for Rulemaking
The Supreme Court’s decision to strike down Chevron deference creates a new legal landscape for federal rulemaking. As lower courts adjust to this change, the absence of Chevron deference will likely lead to a period of significant legal uncertainty and potentially more judicial scrutiny of federal agency actions.
