Christopher Griesedieck published “A ‘Tsunami of Lawsuits Against Agencies’? Taking Stock of the Post-Chevron Government Contracting World” in the February 2025 issue of the Government Contracting Law Report. The following is an excerpt:
The U.S. Supreme Court’s blockbuster decision in Loper Bright Enterprises v. Raimondo overruled a 40-year-old case, Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., that required courts to defer to agencies’ reasonable interpretations of federal statutes—even when the court disagreed with the interpretation.
Separately, in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, the Supreme Court also held that a company may challenge an agency’s regulation many years after it was issued, as long as the company was not actually harmed by the regulation until more recently.
Associate Justice Ketanji Brown Jackson dissented in both cases and predicted that Loper would produce a “tsunami of lawsuits against agencies,” exacerbated by the decision in Corner Post.