Loper Bright: Has the Demise of Chevron Deference Mattered?

Bergeson & Campbell, P.C. (B&C^®) is pleased to present “Loper Bright: Has the Demise of Chevron Deference Mattered?,” a complimentary webinar reviewing changes to Toxic Substances Control Act (TSCA) determinations in light of Loper Bright. The Loper Bright decision overturning Chevron has invited much discussion on whether decisions made by the U.S. Environmental Protection Agency (EPA) under TSCA, especially under Sections 4 (testing), 5 (new chemicals), and 6 (existing chemicals), can be expected to be challenged more routinely and with a greater probability of success. A year after Loper Bright and a plethora of TSCA litigation, B&C examines the impacts of the case on advocacy under TSCA.
 
During this webinar, Kelly N. Garson, Senior Associate, B&C, and James V. Aidala, Senior Government Affairs Consultant, B&C, will discuss the basis for the U.S. Supreme Court’s decision in Loper Bright, the impacts on administrative law, and observations on how Loper Bright may shape current and future chemical safety or TSCA and Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) policy development and litigation.
 
Topics Covered:

• The context behind the Loper Bright decision: How courts danced (or danced around) the Chevron “two-step” and the differences anticipated under Loper Bright.
• In the year after “Chevron’s demise,” the impacts of Loper Bright on current litigation challenging EPA actions.
• With significant litigation challenging EPA actions under TSCA Sections 4, 5, and 6, how changes to agency deference have or may impact EPA’s administration of TSCA and stakeholder advocacy.
• While a significant focus under Loper Bright is EPA’s and a reviewing court’s role, Congress’s role is equally important. The webinar will address how future congressional action could impact policies and issues relating to statutory interpretation and deference under TSCA.