Loper Bright and the End of Chevron Deference? — A Conversation with Kelly N. Garson
This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C’s consulting affiliate, the implications of the demise of Chevron deference, especially as it relates to Toxic Substances Control Act (TSCA) litigation. We discuss what Chevron deference is, other types of deference that are still very much a part of judicial review, and how Chevron’s elimination could impact the implementation of the 2016 amendments to TSCA given the many issues in dispute now pending before many federal circuit courts.
Resources:
- Lynn L. Bergeson, Kelly N. Garson, “Loper Bright and TSCA: Will the demise of Chevron matter?,” Chemical Watch, July 22, 2024.
- Environmental Defense Fund v. EPA, Case No. 23-1166 (D.C. Cir. Dec. 20, 2024), available at https://www.govinfo.gov/content/pkg/USCOURTS-caDC-23-01166/pdf/USCOURTS-caDC-23-01166-0.pdf
- Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce (collectively Loper), 603 U.S. 369 (2024), available at https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf.
- Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), available at https://tile.loc.gov/storage-services/service/ll/usrep/usrep467/usrep467837/usrep467837.pdf.
- Vinyl Institute v. EPA, 106 F.4th 1118 (D.C. Cir. 2024), available at https://www.govinfo.gov/content/pkg/USCOURTS-caDC-22-01089/pdf/USCOURTS-caDC-22-01089-1.pdf.
- Skidmore v. Swift & Co., 323 U.S. 134 (1944), available at https://tile.loc.gov/storage-services/service/ll/usrep/usrep323/usrep323134/usrep323134.pdf/.
- Auer v. Robbins, 519 U.S. 452 (1997), available at https://tile.loc.gov/storage-services/service/ll/usrep/usrep519/usrep519452/usrep519452.pdf.
- United Steel, Paper, and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO v. EPA, Case No. 24-1151 (D.C. Cir. 2024), oral arguments available at https://media.cadc.uscourts.gov/recordings/docs/2025/03/24-1151.mp3.
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