The End of Chevron Deference – What It Means to Your Cases
Date: Oct 16, 2024 9:00 a.m. – 12:35 p.m.
Location: Online
Member Price: $159
Non-Member Price: $199
Section Price: $149
Areas of Law: Immigration
Earn up to 4 credits! (More Information)
Keynote
Moderator
- Paul P. Josephson, Esq.
- Duane Morris LLP, Cherry Hillis a Partner in Duane Morris LLP in Cherry Hill, New Jersey, and a member of the firm’s Cannabis Industry Group. Concentrating his practice in complex litigation, government regulation and appeals, he represents clients in business matters, usually involving significant public interests or regulated by government agencies, including government contracting and administration; business permitting and licensing; economic incentives; development/redevelopment; land use, condemnation and regulatory takings; transportation and infrastructure; environmental, energy, banking and insurance regulation; government ethics; and election and campaign finance. He formerly served as Chief Counsel to the Governor, Director of the Division of Law and Chief of Authorities for the New Jersey Governor, where he oversaw more than 50 bi-state and state authorities.
Admitted to practice in New Jersey and before the United States District Court for the District of New Jersey and the Southern and Eastern Districts of New York, Mr. Josephson is Past Chair of the Administrative Law Section and Past Co-Chair of the Committee on Election Law of the New Jersey State Bar Association. He is an advisor to the New Jersey Cannabis Industry Association, New Jersey Co-Chair of the Regional Plan Association (NY-NJ-CT) and a member of the Alliance of Public Charter School Attorneys and the International Association of Gaming Advisors. He is the author and co-author of articles which have appeared in New Jersey Lawyer, the New Jersey Law Journal and other publications, and has lectured for ICLE, the New Jersey Charter School Association and other professional organizations.
Mr. Josephson received his A.B. from the University of Michigan, where he was elected Student Body President, and his J.D., with honors, from George Washington University Law School.
(9/23)
Presenters
In June, New Jersey fishermen upended a 40-year doctrine that gave deference to administrative agencies in their interpretation of ambiguous statutes.
The U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce held that courts must exercise “independent judgment” in determining the meaning of statutory provisions, although they may still “seek aid” from well-reasoned or long-standing interpretations by agencies. This landmark case marked a shift away from the 1984 holding in Chevron v. Natural Resources Defense Council, which gave rise to the doctrine known as the “Chevron deference.” Under that doctrine, if Congress has not directly addressed the question at the center of a dispute, a court was required to uphold the agency’s interpretation of the statute as long as it was reasonable.
Loper is expected to usher in a new era of greater scrutiny of agency actions and perhaps a different approach to lawmaking by Congress.
Our esteemed panelists will break down the Loper decisions and leave you with some key takeaways and practice tips. How will this ruling impact your practice? Where do we go from here? How do you protect your clients? What are some new opportunities to challenge long-standing rules?
We will also explore New Jersey’s history of judicial deference to state administrative agencies and whether New Jersey deference precedent is due for a hard look.
From administrative law to legislative lobbying, environmental law, school law, election law and more, if your practice involves any administrative regulations, you won’t want to miss this vital update.
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