Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 JULY 2024

The End Of Chevron Creates Uncertainty For The AbilityOne Program

Seyfarth Shaw LLP
Explore more from Seyfarth Shaw LLP

One June 28th, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, 603 U.S. __ (2024), overturning Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984).

United StatesGovernment, Public Sector
Ryan M. Gilchrist
Ryan M. Gilchrist
Meghan Douris
Meghan Douris
Author LinkedIn connections

One June 28th, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, No. 22-451, 603 U.S. __ (2024), overturning Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 468 U.S. 837 (1984), which, for the past 40 years, had afforded federal administrative agencies deference when reasonably interpreting ambiguous federal statutes. A complete explanation of Chevron deference and the impact of Loper Bright to the administrative state in general can be found here.

While the end of Chevron is sure to take power away from certain federal agencies, it is less clear what, if any, impact there may be on the AbilityOne Program. Loper Bright, while explicitly overturning Chevron, does not call into question situations in which an agency is given explicit rulemaking authority by Congress. The JWOD Act grants the AbilityOne Commission the explicit authority to (1) maintain the Procurement List; (2) determine the fair market price of items

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Article

SBA Extends Deadline For Comments On Historic Overhaul Of Size Standards

The Small Business Administration has extended the comment period for two proposed rules that could dramatically reshape federal government contracting by significantly expanding the pool of entities eligible for small business set-aside procurements. With some size standard thresholds proposed to increase as much as tenfold, these changes would fundamentally alter the makeup of the small business contractor base.
United StatesGovernment, Public Sector
Crowell & Moring LLP
Crowell & Moring LLP
Article

D.C. Circuit Rules Pentagon Can Exclude Anthropic From Supply Chain

The U.S. Court of Appeals for the D.C. Circuit has ruled that the Department of War can exclude Anthropic from its supply chain under the Federal Acquisition Supply Chain Security Act, finding that the AI company's ability to manipulate its Claude model creates a supply chain risk. This decision contrasts with an earlier California district court ruling that blocked a similar designation under a different statute, creating a complex legal landscape for AI providers and government contractors.
United StatesGovernment, Public Sector
Taft, Stettinius & Hollister LLP
Taft, Stettinius & Hollister LLP
Article

FMCSA MOTUS Implementation – Common Motor Carrier Concerns

The Federal Motor Carrier Safety Administration launched MOTUS in May 2026, replacing legacy registration platforms and fundamentally changing how motor carriers, freight brokers, and surface freight forwarders handle operating authority applications and license maintenance. While designed to combat fraud and streamline registration activities, the transition has created significant user experience challenges that threaten operating authority status and customer relationships for transportation service prov
United StatesGovernment, Public Sector
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Article

BIOSECURE Act Update: Court Enjoins WuXi AppTec’s 1260H Designation, but Strategic and Compliance Clocks Keep Running

The U.S. District Court for the District of Columbia has preliminarily enjoined the Department of War from enforcing WuXi AppTec's Section 1260H designation, finding the agency misread its evidence on state and military affiliation. However, this ruling does not close alternative pathways to biotechnology company of concern (BCC) designation under the BIOSECURE Act, and earlier supply-chain restrictions continue to drive near-term compliance decisions with a critical June 30, 2027 deadline for sub-tier supp
United StatesGovernment, Public Sector
Greenberg Traurig
Greenberg Traurig
Article

Massachusetts’ 2026 Ballot Questions: What Clients Need To Know

Massachusetts voters will decide nine statewide ballot questions in November 2026 that could fundamentally reshape the state's legal, regulatory, and fiscal landscape. These measures address government transparency, election reforms, housing development, marijuana regulation, firearms laws, and state revenue limits, with implications extending far beyond Election Day to implementation, regulation, and ongoing policy debates.
United StatesGovernment, Public Sector
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article

Weekly Sanctions Update: September 14, 2026

The Treasury Department intensifies economic pressure on Iran through Operation Economic Outcast, suspending aviation licenses and sanctioning dozens of entities while implementing a presumption of denial for Iran-related transactions. Meanwhile, new enforcement actions target Chinese cybercrime platforms, Ecuadorian terrorist organizations, and Israeli settlers, as Congress considers comprehensive Russia-Iran sanctions legislation.
GlobalGovernment, Public Sector
Steptoe LLP
Steptoe LLP
Article

OFAC Broadens Cuba Sanctions And Restricts Payments And Travel

The U.S. Treasury Department's Office of Foreign Assets Control has implemented sweeping changes to Cuba sanctions, introducing a new regulatory framework that extends restrictions beyond U.S. persons to foreign entities and financial institutions. These measures eliminate key banking authorizations, expand transaction prohibitions to include intermediary payments, and significantly narrow travel permissions, creating new compliance challenges for businesses operating in or through Cuba-related channels.
United StatesGovernment, Public Sector
Barnes & Thornburg LLP
Barnes & Thornburg LLP
Article

A New Price Tag On OPT? DHS Proposes Unprecedented Fees For F-1 Practical Training

The Department of Homeland Security has proposed imposing fees of $70,000 for initial OPT recommendations and $30,000 for second-year extensions on educational institutions, potentially reshaping how international students, universities, and employers participate in the Optional Practical Training program. While framed as a fraud prevention measure, the proposal raises critical questions about workforce access, cost allocation...
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

DHS Allows Salvadoran TPS Beneficiaries To Work And Remain, For Now

The Department of Homeland Security has confirmed that Salvadoran Temporary Protected Status beneficiaries remain protected despite the September 9, 2026 expiration date, though no formal announcement has been made regarding the program's future. This development raises critical questions about employer obligations and the potential scenarios that may unfold, including termination with a 60-day notice period or an extension of the designation.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

More Than A Download: Using USCIS’s E-Verify Records Disposal Deadline As A Compliance Checkup

U.S. Citizenship and Immigration Services is permanently disposing of E-Verify records last updated before December 31, 2016, giving employers until January 8, 2027, to download critical compliance documentation. Companies must act now to preserve historical case data needed for audits, government investigations, and Form I-9 system transitions while ensuring their E-Verify account information remains current and accurate.
United StatesImmigration
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

Replay Review: California Resets The Clock And Rewrites AB 692 Playbook

California's Legislature has significantly amended AB 692, the state's aggressive "stay-or-pay" law, delaying enforcement until 2027 and creating new exceptions for financial services and retention incentives. Employers now have additional time to restructure agreements, but must navigate revised requirements for training repayment, sign-on bonuses, and other arrangements that could require workers to repay money upon leaving employment.
United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Just Expanded Regulation Of Workplace AI Beyond CCPA ADMT

California has enacted three new laws governing employer use of artificial intelligence and automated tools in layoffs, workplace monitoring, discipline, and termination. These laws are separate from the California Consumer Privacy Act’s automated decisionmaking technology (ADMT) rules and apply more broadly to employers and public entities that are not covered by the CCPA. CCPA covered employers may need to integrate compliance with ADMT and Risk Assessment requirements (for sensitive personal information processing activities and automated decisionmaking technology).
United StatesEmployment and HR
Seyfarth Shaw LLP
Seyfarth Shaw LLP
Article

California Contractors Get A Much-Needed Break: SB 342 Softens The Harsh Consequences Of Contractor License Lapses

Imagine completing a multimillion-dollar project, performing quality work, paying your subcontractors, and satisfying the owner, only to discover that a temporary contractor license lapse could prevent you from recovering payment for that work or pursuing claims for extra work. For decades, that was the reality under California Business and Professions Code section 7031.
United StatesReal Estate and Construction
Seyfarth Shaw LLP
Seyfarth Shaw LLP