Jenner & Block has launched its Post-Chevron Task Force to support clients across industries in navigating the June 2024 US Supreme Court decisions in Loper Bright, Relentless, Corner Post, and Jarkesy. The decisions reversed the Chevron deference, a 40-year precedent that established that courts should defer to federal agencies’ interpretations of ambiguous statutes, injecting significant uncertainty into the regulatory landscape.
These decisions are expected to have sweeping effects, including a substantial increase in litigation around regulatory agencies and challenges to federal regulations going back decades. Businesses facing any form of regulatory scrutiny will be impacted as courts reinterpret regulatory statutes without deference to agencies.
“After closely monitoring Loper Bright, Relentless, Corner Post, and Jarkesy this term, we have assembled a post-Chevron Task Force, comprising leading Jenner & Block litigators and appellate lawyers, industry experts, and attorneys with experience throughout the government, to help our clients understand the decision’s impact to the administrative landscape,” said Post-Chevron Task Force Co-Chair Ian Heath Gershengorn. Gershengorn, who previously served as the Acting US Solicitor General, is also a Co-Chair of the firm’s Appellate and Supreme Court Practice. “While these decisions have created some uncertainty around the potential compliance implications, we are positioned to help businesses understand where there may be opportunities to advance their interests through new litigation strategies.”
The firm’s experience spans to prominent roles in states, including state agencies, state attorneys general offices, and state governors’ offices. “Compliance strategies that were previously based on regulatory guidance may soon be subject to a confusing patchwork of interpretations across jurisdictions,” said Post-Chevron Task Force Co-Chair and Partner Michelle Kallen, who previously served as the Solicitor General of Virginia. “Businesses now have more options to challenge agency action. We are already working with clients to develop both affirmative and defensive litigation strategies.”
The Task Force will counsel clients on how to approach existing agency rules and new rulemaking across several key areas: helping clients gain a holistic understanding of these decisions as applied to their unique circumstances; defending and counseling clients when they face litigation or enforcement actions brought by federal agencies; advancing clients’ interests by challenging regulatory decisions in court; and reshaping compliance programs to adhere to new regulations.
“The Task Force is composed of former regulators who know these issues inside and out,” said Post-Chevron Task Force Co-Chair Anand Viswanathan. “We are closely tracking and anticipating the regulations and sectors that will be most affected by these decisions and are poised to advise clients on how to structure their businesses to reduce risk.” Prior to joining Jenner, Viswanathan spent 10 years at the Federal Energy Regulatory Commission (FERC), where he served as Legal Advisor to the Chairman, Appellate Counsel in the Office of General Counsel, and Attorney-Advisor in the Office of Enforcement. The Jenner & Block team also includes a deep bench of lawyers with substantial experience throughout government, including within the US Securities and Exchange Commission (SEC), Consumer Financial Protection Bureau (CFPB), Federal Communications Commission (FCC), Federal Energy Regulatory Commission (FERC), and Federal Trade Commission (FTC).
The cross-practice Task Force includes experienced lawyers from the firm’s Appellate and Supreme Court; Communications, Internet, and Technology; Energy; Fintech and Crypto Assets; Government Controversies and Public Policy Litigation, Investigations, Compliance, and Defense; Litigation; Native American Law; and Public Company Advisory teams.
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