High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

High Court's 1-2 Punch Sets Up Long-Standing Regs For KO

July 1, 2024, Law360

Kevin King’s commentary was included in a Law360 article examining the U.S. Supreme Court’s Corner Post and Loper Bright decisions and the impact on government regulations.

Kevin provides his insight on what this means for future regulations from federal agencies, saying that “Corner Post opens the door to a fresh round of litigation challenges to agency regulations. That procedural opening is a particularly big deal when combined with Loper Bright, because regulated parties will now be able to challenge some older regulations under the new, more stringent and less-agency-friendly framework.” Kevin added that he anticipates “a wave of new suits challenging older regulations under Corner Post and Loper Bright,” likely leading to “a substantial number of circuit splits” that wind up before the Supreme Court.

Click here to read the full article.