Chevron Reversal's Impact in Trade Cases Likely Limited

Kevin King’s commentary was included in a Law360 article about how the U.S. Supreme Court’s Loper Bright decision overruling the decades-old Chevron doctrine, in which judicial deference was given to administrative interpretation, may affect international trade litigation. The article covers how the decision’s effect may be less harsh on this aspect of statutory law.

Given that the decision doesn't offer a clear path to reopening past decisions, Kevin points out how “that aspect of the decision heads off what otherwise would have been a tidal wave of litigation challenging agency regulations that had previously been upheld.”