In a March 17, 2015 article, USAe News, a weekly publication targeted to the hotel industry and trade associations, quoted Venable Counsel Moxila A. Upadhyaya on the U.S. Supreme Court's recent decision in Perez vs. Mortgage Bankers Association. Reversing longstanding precedent from the U.S. Court of Appeals for the D.C. Circuit, the Supreme Court ruled 9-0 that federal agencies are not required to engage in a notice and comment procedure when altering their interpretive rules.
"The Perez decision is a significant ruling that will have broad application to trade associations, regulated entities and other parties seeking to challenge an agency's interpretive rule in federal court," said Upadhyaya.
The article also heavily cites a March 11 client alert by Venable attorneys John F. Cooney, Allyson B. Baker, Andrew J. Olmem, and Peter S. Frechette on the Court's decision and several unanswered questions. The alert called the opinions of Justices Samuel Alito, Clarence Thomas and Antonin Scalia the "most significant feature of the decision." They said, "The approach of the concurring Justices would have the Court abandon a long line of precedents…that affords deference to agency interpretations of its own rules."