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ARTICLE · 17 JULY 2024

Chevron's Demise Creates New False Claims Act Defenses

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On June 28, 2024, the Supreme Court, in Loper Bright Enterprises v. Raimondo, put an end to Chevron deference to agency interpretation of silent or ambiguous portions of statutes.

United StatesLitigation, Mediation & Arbitration
Lori R. Garber
Lori R. Garber
Lawrence Kraus
Lawrence Kraus
Pamela Johnston
Pamela Johnston
Lisa Noller
Lisa Noller
Matthew D. Krueger
Matthew D. Krueger
Gerald S. Kerska
Gerald S. Kerska
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The demise of Chevron opens up new potential defenses in False Claims Act (FCA) cases.

On June 28, 2024, the Supreme Court, in Loper Bright Enterprises v. Raimondo, put an end to Chevron deference to agency interpretation of silent or ambiguous portions of statutes.1 After Loper Bright, challenges to agency regulations will not look to Chevron when deciding how to interpret silence or an ambiguity in a statute. Instead, the Supreme Court decided it is for the judiciary to interpret a statute, not an executive branch agency.

Chevron was a 40-year bedrock of administrative law, and Loper Bright is a seismic shift to the landscape of agency enforcement. Loper Bright has the potential to shake up FCA cases, especially as creative defense attorneys apply the ruling to specific cases and facts.

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