Investigations, Enforcement, & Compliance Alerts

The Supreme Court of the United States’ recent decisions in Loper Bright Enterprises et al. v. Raimondo, 603 U.S. (2024) and Corner Post v. Board of Governors, Federal Reserve System, 603 U.S. __ (2024), may provide federal contractors with new arguments and opportunities to challenge agency regulations in litigation and bid protests.

In Loper Bright v. Raimondo and Relentless v. Department of Commerce, the Supreme Court overruled its landmark decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984) in a 6-3 decision. Courts will now interpret federal statutes without being required to accept an agency’s “permissible” interpretation of an ambiguous statute.