SCOTUS Resource Center: The New Administrative Landscape: Wiley

Overview

In a series of historic 2024 rulings, the U.S. Supreme Court reshaped the regulatory and enforcement landscape, heralding a new era in administrative law by shifting the balance of power between the regulators and the regulated.

Loper Bright
This landmark decision reversed the Court’s 40-year-old Chevron precedent, redefining the scope and limits of regulatory authority, significantly impacting how Executive branch agencies interpret and enforce regulations, and making federal agency actions more vulnerable to judicial challenges.
Corner Post
The Corner Post decision further delineates the boundaries of administrative power by redefining a six-year statute of limitations for claims brought under the Administrative Procedure Act (APA), making it easier for regulated organizations to challenge older federal rules.
Jarkesy
In Jarkesy, the Court addressed critical administrative adjudication and due process issues, ruling that defendants have a constitutional right to a jury trial for federal enforcement proceedings involving civil money penalties.

This resource center provides the latest insights, analysis, and updates from Wiley’s renowned appellate attorneys, who practice at the intersection of law, policy, business, and technological innovation. In addition to attorneys with extensive Supreme Court and appellate experience, Wiley is uniquely positioned to navigate the new administrative landscape by leveraging its attorneys’ expertise in federal regulatory activity across industry sectors and the legal and policy concerns facing those industries. As a go-to firm for regulatory advocacy and challenges of every size and complexity, Wiley is at the forefront of understanding how these three Supreme Court rulings will impact federal agencies and regulated industries for years to come.

Insights & Analysis

ALERT | December 4, 2024

Section 111 Bulletin: Mitigating Medicare Section 111 Reporting Risks - With Civil Money Penalties on the Line, Are You Certain You Are the “Responsible Reporting Entity”?

CMS reporting requirements that took effect in October may face new scrutiny in the wake of the U.S. Supreme Court’s June 2024 overturning of the Chevron doctrine in Loper Bright Enterprises v. Raimondo.

ALERT | October 21, 2024

Loper Bright’s Potential Effects on “Chevron-Like” Deference Doctrines

The effects of Loper Bright are being felt in cases involving agency interpretations of ambiguous statutes, where Chevron once squarely governed. Courts also have begun grappling with Loper Bright’s effects on deference doctrines similar to Chevron.

ALERT | September 16, 2024

FCC Sets October Comment Deadlines on NPRM for AI-Generated Calls and Texts

The FCC’s claimed authority to adopt rules to regulate AI-generated calls and texts will likely be a topic of comment and further discussion in light of the Supreme Court’s Loper Bright decision, which overturned the Chevron deference doctrine and made agency rules more vulnerable to legal challenges.

ALERT | September 13, 2024

Children’s Programming Commercial Limits Violations Result in $3M Fine for Broadcasters

The FCC Forfeiture Order, adopted by a 3-2 vote along party lines and over strong dissents from Commissioners Carr and Simington, evidences how the Supreme Court Loper Bright and Jarkesy decisions could impact future FCC enforcement actions.

ALERT | July 18, 2024

FCC Proposes New Rules for AI-Generated Calls and Texts

The FCC’s proposal to regulate AI-generated calls and texts pursuant to the TCPA will likely be a topic of comment and further discussion in light of the Supreme Court’s Loper Bright decision, which made agency rules more vulnerable to legal challenges.

Article | July 12, 2024

After Chevron: USDA Rules May Be Up In The Air

This article by Bob Hibbert was originally published by Law360, as part of its “After Chevron” Expert Analysis series.

Alert | July 10, 2024

Supreme Court Holds That Federal Agencies May Seek Punitive Money Penalties Only Before a Jury

The Jarkesy decision could reshape federal enforcement by requiring civil penalties to involve a judicial forum and jury trials, and could serve as a spur to congressional and agency reform.

Alert | July 8, 2024

SCOTUS Overrules Chevron and Opens Door to More Challenges Under APA: Environmental Law Implications of Loper Bright and Corner Post

The U.S. Supreme Court's recent decisions to overrule the Chevron doctrine and reinterpret the statute of limitations for challenging agency actions under the APA are set to significantly impact environmental law and regulatory challenges.

Alert | July 5, 2024

Supreme Court Decides That Parties May Facially Challenge Regulations – No Matter How Old – Within Six Years of Injury

Corner Post marks a significant change in the regulatory landscape under the APA. By holding that accrual occurs when the party seeking to challenge final agency action is first injured by it, the Supreme Court opened the courthouse doors to parties who have been newly injured by old regulations.

Article | July 2, 2024

Supreme Court Overrules Chevron, Creating New Opportunities for Industry Litigants and Targets of Enforcement Action

The U.S. Supreme Court's overruling of the Chevron doctrine in Loper Bright Enterprises v. Raimondo mandates that courts independently interpret ambiguous statutes rather than deferring to agency interpretations, presenting new opportunities for legal challenges against agency actions.

Alert | July 2, 2024

SEC v. Jarkesy: SCOTUS Restores Constitutional Protections to Agency Enforcement Actions

The U.S. Supreme Court, in SEC v. Jarkesy, affirmed the constitutional right to a jury trial for defendants in SEC enforcement actions seeking civil penalties, impacting agency adjudication practices.

Alert | July 1, 2024

The Supreme Court Overruled Chevron. What Comes Next For Telecommunications, Media, and Technology?

The U.S. Supreme Court's overruling of the Chevron doctrine will significantly impact the telecommunications, media, and technology sectors by eliminating judicial deference to agency interpretations of ambiguous statutes, leading to increased legal challenges against agency regulations.

Alert | June 28, 2024

Supreme Court Overturns Chevron Deference in Loper Bright Decision

The U.S. Supreme Court's decision in Loper Bright v. Raimondo overturns the longstanding Chevron deference, requiring courts to interpret ambiguous statutes independently, which will have significant implications for regulatory and agency decisions.