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ARTICLE · 02 JULY 2024

U.S. Supreme Court Issues Three Decisions Circumscribing Agency Authority

Duane Morris LLP
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On June 27 and 28, 2024, the Supreme Court of the United States issued three decisions seen as circumscribing agency powers.

United StatesLitigation, Mediation & Arbitration
Lindsay Ann Brown
Lindsay Ann Brown
Sharon Caffrey
Sharon Caffrey
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On June 27 and 28, 2024, the Supreme Court of the United States issued three decisions seen as circumscribing agency powers. On June 27, the Supreme Court issued two decisions: one granting a stay of the implementation of U.S. Environmental Protection Agency's (EPA) federal implementation plan (FIP) under the Clean Air Act (CAA), which critics predict will lower the bar for future stay requests and disrupt the agency's ability to implement new rules; and a second decision restricting when an agency can pursue certain enforcement actions "in-house." On June 28, 2024, the Supreme Court issued its third decision, jettisoning the Chevron doctrine and overruling a 40-year-old case that has long served as the foundation for American administrative law. This last decision is the subject of a separate Alert.

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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