
Series
The Administrative State
In a landmark ruling on 28 June 2024, the US Supreme Court expressly overruled the 40-year-old Chevron doctrine, eliminating the requirement that courts defer to agencies’ interpretations of ambiguous statutes.
The Court in Loper Bright Enterprises v. Raimondo held that the Administrative Procedure Act requires federal courts to decide what statutes mean independently of any agency interpretation, although they may still “seek aid” from well-reasoned or long-standing agency interpretations.
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 law-making by Congress.
To help our clients understand, anticipate, and navigate the full impact of the Court’s decision on all of the affected industries in which the firm’s clients do business, we have established a cross-practice, interdisciplinary task force.
The task force has provided and will continue to provide careful analyses of Loper Bright and how it will affect the industries in which K&L Gates clients do business. In addition to the material already on this page, please stay tuned for additional webinars and client alerts.
Thought Leadership
On Monday, 16 June 2025, the Senate Finance Committee released its version of the Section 899 retaliatory tax provisions that also are included in the “One Big Beautiful Bill Act” that was passed by the House of Representatives on 22 May 2025.
This alert describes the persons who would be subject to the changes contained in Code Section 899, the consequences of being subject to this proposed new Code section, and some of the impacts this provision would have on certain cross-border transactions.
Retaliatory tax provisions contained in H.R. 1, the “One Big Beautiful Bill Act” that recently passed the US House of Representatives, if enacted, would drastically impact common cross-border transactions, including US operations of foreign multinational groups and inbound investments.
The Trump administration has identified growth in the nuclear energy industry as a critical component of the President’s campaign to establish American energy dominance and meet the rapidly increasing need for power.