July 10, 2024 | less than a minute read

How Will Federal Agencies, Congress, and the Courts Respond to the Loper Bright Decision?

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Jessica Duggan

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Jessica Duggan

Aside from the changes required by Federal agencies and Congress in environmental policymaking, courts will see an immediate shake-up in response to the Supreme Court's June 28 decisions in Loper Bright Enterprises et al. v. Gina Raimondo and Relentless Inc. et al. v. Department of Commerce et al.; at least nine cases have already been vacated and remanded by the Supreme Court in light of these decisions.

Although the full effects of the Loper Bright decision are yet to be known, environmental attorneys agree that one thing is certain: Federal agencies and Congress will have to change the way they have typically gone about environmental policymaking, with the latter no longer relying on ambiguous statutes that can be interpreted and implemented by experts in the field.

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