The End of Deference? Tetra Tech, Loper Bright, & Judicial Review of Agency Decisions AMC2025
This seminar is an excerpt from Annual Meeting and Conference 2025.
Mark Twain once quipped, “The report of my death was an exaggeration.” Does the same hold true for judicial deference to agency decisions? Join jurists and scholars on the front lines of judicial review as we explore this question and its future implications. In its 2024 decision in Loper Bright, which overturned Chevron, the U.S. Supreme Court directed federal courts to rely on standard interpretive tools to determine the meaning of ambiguous statutes rather than deferring to agencies’ legal interpretations. But how should judges proceed when Congress is silent or intentionally vague on a particular issue? Wisconsin court decisions may be illustrative of what’s to come—the Wisconsin Supreme Court’s 2018 decision in Tetra Tech, established Wisconsin as a Chevron-free zone six years before Loper Bright. Whether you’re a judge or an attorney, understand how to navigate the post-Chevron landscape and the future of agency deference.