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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...

On July 3, 2024, comments by Lynn L. Bergeson were featured in Chemical Watch’s article on the US Supreme Court’s decision to overturn a 40-year-old legal precedent that directed courts to defer to reasonable agency interpretations of the law, throwing into question the authority of agencies like the EPA to craft and defend certain regulations. “This may be a case of be careful what you wish for,” said Lynn Bergeson, managing partner at Bergeson & Campbell....

In a March 9, 2015, decision in Perez v. Mortgage Bankers Ass’n., the U.S. Supreme Court unanimously held that an interpretative rule issued by an administrative agency does not require notice and opportunity for comment, even if the interpretative rule construes a substantive (or “legislative”) rule previously issued by the agency and even if the interpretative rule alters a prior interpretation of the same rule. In the Perez decision, the Court explicitly...

On April 29, 2014, in a 6-2 ruling, the U.S. Supreme Court upheld EPA's view in EPA v. EME Homer City Generation L.P., U.S. Nos. 12-1182 and 12-1183. The opinion is available online. The decision reverses a 2012 ruling by the U.S. Court of Appeals for the District of Columbia Circuit, holding that EPA's Cross-State Air Pollution Rule (CSAPR) exceeded EPA's authority to regulate greenhouse gas emissions under the Clean Air Act (CAA). The CSAPR...

On the first day of its new term on October 15, the U.S. Supreme Court announced that it would grant review of parts of EPA's greenhouse gas (GHG) regulations. The Court will review part of the June 2012 decision issued by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld EPA's GHG program. It will review whether EPA's GHG regulations for motor vehicles should have triggered Prevention of Significant Deterioration permitting...