The Future of Administrative Law for FDA-Regulated Companies After Loper Bright and Corner Post

The Future of Administrative Law for FDA-Regulated Companies After Loper Bright and Corner Post

• Tuesday, July 23, 2024 12:00 PM - 1:00 PM EDT

Join Covington experts in FDA regulatory matters and administrative law as they discuss the implications for FDA-regulated companies of Supreme Court decisions overruling Chevron and expanding the ability of plaintiffs to challenge FDA's interpretations of its governing statutes. Below are key points covered in this webinar:

1. Following the Loper Bright decision, courts will no longer declare a statute interpreted by a federal agency to be ambiguous (Chevron step 1) and defer to any reasonable interpretation of the statute (Chevron step 2). Courts will now use all available tools of statutory construction to determine the best interpretation.
2. This change will provide more stability as administrations change, but may lead to more conflicting decisions among courts and geographic uncertainty.
3. Existing decisions under Chevron step 2 remain binding precedent, but can be challenged as wrongly decided.
4. Together with the Corner Post decision, which broadens the ability to challenge even old regulations, the Supreme Court has significantly expanded avenues of challenge to agency action.
5. Covington stands ready to advise on how these decisions affect your business.

Event Details

Tuesday, July 23, 2024
12 - 1:00 p.m. EDT

Log-in details will be provided upon registration.

Closed to the press.

CLE: This program is pending accreditation and approval for 1.0 hour CLE credit in California and New York. We will provide a Uniform Certificate of Attendance should you wish to self-report in another jurisdiction.