Lynn L. Bergeson Quoted in Bloomberg Law Article “Supreme Court Rulings Boost Odds to Win Chemical Rule Challenges”

On July 9, 2024, comments by Lynn L. Bergeson were featured in Bloomberg Law’s article on the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, overturning the 40-year-old Chevron doctrine.

Post-Chevron litigation will be interesting, said Lynn Bergeson, managing partner for Bergeson & Campbell PC, which helps companies navigate chemical regulations. “Challengers have a higher potential success on the merits of their arguments.”

“We might get favorable rulings” in some circuits, “but not others,” Bergeson said.

“We’ll have unpredictable outcomes depending on who’s reviewing,” she said. “It will be a mess in the foreseeable future” as different judges and circuit courts are likely to interpret the Toxic Substances Control Act’s (TSCA) requirements in divergent ways, she said.

See – https://news.bloomberglaw.com/environment-and-energy/supreme-court-rulings-boost-odds-to-win-chemical-rule-challenges (subscription required)