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A Farewell To Chevron: SCOTUS Overturns the 40-Year-Old Precedent, Deeply Widening the Path for Government Contractors and Other Private Parties to Challenge Agency Interpretations of Statutes

By Steven Masiello, Seamus Curley, and Alex Cardinal
July 5, 2024
  • General
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Almost exactly 40 years ago, the United States Supreme Court established the Chevron doctrine, which required that federal courts defer to federal agencies in their interpretation of statutes that are silent or ambiguous on a specific issue, even if the court disagreed with the agency’s interpretation, provided the agency’s interpretation was a “permissible construction” of the law.  See Chevron U.S.A., Inc. v. Nat. Res. Def. Council, Inc., 467 U.S. 837, 842–43 (1984).  On June 28, 2024, the Supreme Court reversed course and overruled Chevron in a 6-3 decision.  See Loper Bright Enters. v. Raimondo, 603 U.S. ___ (2024) (slip op.).  We focus here on the key takeaways for government contractors.

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Steven Masiello

About Steven Masiello

Steven M. Masiello is the chair of the US Government Contracts practice and a leader of the firm's Global Government Contracts and Procurement group. Masiello serves as lead counsel in complex government contract matters across numerous industry segments concerning state, federal, and foreign military funded transactions in the US courts, agency boards and under domestic and international alternative dispute resolution procedures.

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Seamus Curley

About Seamus Curley

Seamus Curley is a partner in the Firm’s Government Contracts practice where he focuses on government contracts counseling, litigation and internal and government investigations. Seamus has litigated in state and federal courts throughout the country, including under multiple pro hac vice admissions, and before administrative forums, including the US Court of Federal Claims (COFC), the US Government Accountability Office (GAO), the US Civilian Board of Contract Appeals (CBCA), the Armed Services Board of Contract Appeals (ASBCA) and the US Small Business Administration Office of Hearings and Appeals (SBA OHA) on bid protests, size protests/appeals, Contract Disputes Act (CDA) claims, and commercial litigation matters.

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Alex Cardinal

About Alex Cardinal

Alex Cardinal is a member of the US Government Contracts practice and focuses on all aspects of government contracts counseling and litigation.

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