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ARTICLE · 24 SEPTEMBER 2024

A New Age Of Agency Rulemaking And Enforcement

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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As we prepare for the next Supreme Court term, we'd like to look back at some of the most significant opinions from the last session and their potential impact on corporate regulation.

United StatesLitigation, Mediation & Arbitration
Matthew Levitt
Matthew Levitt
T. Scott Thompson
T. Scott Thompson
Andrew Bobbitt
Andrew Bobbitt
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As we prepare for the next Supreme Court term, we'd like to look back at some of the most significant opinions from the last session and their potential impact on corporate regulation. Of the dozens of opinions issued by the United States Supreme Court in the 2023-2024 term, a set of four cases is notable for their collective reworking of administrative law. Read in isolation, each of the opinions in SEC v. Jarkesy, Ohio v. EPA, Loper Bright v. Raimondo, and Corner Post v. Board of Governors of the Federal Reserve represent significant modifications to existing administrative law. Read together, they represent a sweeping change to the regulatory landscape and the scope of agency authority over the businesses and industries they regulate. These opinions combine to reform nearly every aspect of agency rulemaking and enforcement from how and when regulations can be challenged, to how agencies may interpret or enforce congressional statutes. What follows is a high-level

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