Webcast: What the 2023 Supreme Court Term Means for Federal Regulators—Loper Bright, Corner Post, Jarkesy, and Other Leading Cases
Webcasts | July 11, 2024
With several landmark decisions this Term, the U.S. Supreme Court accelerated a substantial transformation of the law governing actions by regulatory agencies. The Court overruled Chevron, sharply limiting judicial deference to agencies’ statutory interpretation. It gave regulated entities more time to challenge agency rules in court. It stayed enforcement of a major EPA rule concerning ozone pollution. And it determined that the Constitution requires agencies to bring at least many civil penalty actions in federal court, not in agency administrative tribunals. The webcast takes stock of what these major cases mean for regulatory agencies going forward, particularly against the backdrop of other significant Supreme Court administrative law decisions in recent years.
PANELISTS:
Stuart F. Delery is a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office, where he is a member of the firm’s Litigation Department and Co-Chair of the Administrative Law and Regulatory Practice Group and the Crisis Management Practice Group. Stuart is an experienced appellate and district court litigator who brings 30 years of experience at the highest levels of government and the private sector to help clients navigate major matters that present complex legal and reputational risks, particularly matters involving difficult statutory, regulatory and constitutional issues. His practice focuses on representing corporations and individuals in high-stake litigation and investigations that involve the federal government across the spectrum of regulatory litigation and enforcement.
Prior to re-joining the firm, Stuart served as White House Counsel for President Biden from 2022-2023. As Counsel to the President, he advised the President on the full range of constitutional, statutory, and regulatory legal issues, including on questions of presidential authority, domestic policy, and national security and foreign affairs. He managed responses to high-profile congressional and other investigations, and he assisted the President in nominating and confirming federal judges. Stuart also served as Deputy Counsel to the President from 2021-2022. Previously, Stuart served as the Acting Associate Attorney General of the United States, the third-ranking position at the Department of Justice, and the Senate-confirmed Assistant Attorney General for the Civil Division. Stuart is admitted to practice law in the District of Columbia.
Matt Gregory is a partner in the Washington D.C. office of Gibson, Dunn & Crutcher. He practices in the firm’s Litigation Department and Appellate and Constitutional Law and Administrative Law Practice Groups. Matt has been recognized in the 2023 and 2024 editions of Best Lawyers: Ones to Watch® in America for both Administrative / Regulatory Law and Appellate Practice, and is a member of the Edward Coke Appellate Inn of Court. Matt represents corporate clients in a wide range of appellate, administrative law, and litigation matters. Prior to joining Gibson Dunn, Matt clerked for Justice Anthony M. Kennedy of the U.S. Supreme Court and Judge Raymond M. Kethledge of the U.S. Court of Appeals for the Sixth Circuit. Matt is admitted to practice law in Virginia and the District of Columbia.
MCLE CREDIT INFORMATION:
This program has been approved for credit in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 1.0 credit hour, of which 1.0 credit hour may be applied toward the areas of professional practice requirement. This course is approved for transitional/non-transitional credit.
Attorneys seeking New York credit must obtain an Affirmation Form prior to watching the archived version of this webcast. Please contact [email protected] to request the MCLE form.
Gibson, Dunn & Crutcher LLP certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 1.0 hour in the General Category.
California attorneys may claim “self-study” credit for viewing the archived version of this webcast. No certificate of attendance is required for California “self-study” credit.
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