Category: Regulatory & Policy Category: Regulatory & Policy (show less)

The Loper decision continues a trend of recent Supreme Court decisions that limit the authority of agencies to regulate without what the Court views as proper authority and formality. At the same time, the incoming administration has an ambitious agenda and timeline. These two forces create opportunities and challenges for regulated parties.

Organizations subject to heavy regulation find their fortunes inextricably intertwined with the passage of laws and regulations and decisions by courts regarding their validity. The Loper decision significantly changes all the dynamics underlying these processes. Post-Loper, important decisions affecting regulated parties will get locked in earlier in the process, and when they initially occur as a result of action, there are now new tools to challenge them.

The K&L Gates Washington, D.C., office hosted a half-day program to discuss the combined impact of the recent Supreme Court Loper decision and the change in administration on the regulatory state. The program featured the following panel discussions:

• Panel 1 - Expected changes in the legislative, regulatory, and judicial processes.
• Panel 2 - Expected Administrative Procedure Act litigation against the government, as well as defense work by False Claims Act lawyers.