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Media Cover K&L Gates' Response to US Supreme Court's Chevron Decision

10 July 2024

Numerous media outlets covered K&L Gates’ reaction to the US Supreme Court’s landmark ruling overturning Chevron deference, a precedent established 40 years ago that said when judges must defer to federal agencies' interpretations of law. This decision affects every industry that is regulated by US federal agencies and it is expected to usher in more frequent judicial challenges to agency rules, greater scrutiny of agency actions, and a different approach to lawmaking by Congress.

“The overturning of Chevron means that in many cases, industry’s interpretation of the law will be viewed as just as valid as the agency’s,” stated Washington, D.C., partner Varu Chilakamarri, former Deputy Assistant Attorney General in the US Department of Justice’s Civil Division. “At one level, the decision could be viewed as putting regulated communities on a more equal-footing with the agencies. On another, the Court is basically saying that agencies can’t make law but, in effect, the courts can.”

“It will be some time before we see the effects of this decision on the lawmaking process, but going forward, agency action will be under even greater scrutiny and there will likely be more opportunities for the regulated community to challenge agency rules and adjudications,” Chilakamarri added.

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K&L Gates is a fully integrated global law firm with lawyers located across five continents. The firm represents leading multinational corporations, growth and middle-market companies, capital markets participants and entrepreneurs in every major industry group as well as public sector entities, educational institutions, philanthropic organizations and individuals.

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