Notice & Comment

Upcoming ACUS Webinars: Recent Administrative Law Developments in the Supreme Court: What’s Next for Agencies?

From the website of the Administrative Conference of the United States:

The Administrative Conference of the United States (ACUS) is pleased to announce a public forum, Recent Administrative Law Developments in the Supreme Court: What’s Next for Agencies? Across four virtual panels beginning next Tuesday, July 30, ACUS members and researchers will discuss the significance of recent Supreme Court decisions for federal agencies. 

Register for all panels here.

Panel 1: Loper Bright v. Raimondo 

Tuesday, July 30 (12:00 p.m. – 1:15 p.m. ET)

The first panel will address Loper Bright Enterprises v. Raimondo. In Loper Bright, the Supreme Court “overruled” Chevron U.S.A. Inc. v. Natural Resources Defense Council and held that the Administrative Procedure Act “incorporates the traditional understanding of the judicial function, under which courts must exercise independent judgment in determining the meaning of statutory provisions.” 

Participants: 

  • Jack BeermannBoston University School of Law 
  • Abbe GluckYale Law School and Yale Medical School
  • Elbert LinHunton Andrew Kurth LLP 
  • Victoria NourseGeorgetown University Law Center 

Moderator:

  • Cary CoglianeseUniversity of Pennsylvania Carey Law School

Panel 2: SEC v. Jarkesy 

Tuesday, July 30 (1:30 p.m. – 2:45 p.m. ET)

The second panel will address Securities and Exchange Commission v. Jarkesy. In Jarkesy, the Supreme Court held that “the Seventh Amendment entitles a defendant to a jury trial when the SEC seeks civil penalties against him for securities fraud.” 

Participants: 

  • Jennifer DickeyU.S. Chamber Litigation Center 
  • Jeffrey LubbersAmerican University Washington College of Law 
  • Christopher WalkerUniversity of Michigan Law School 

Moderator:

  • Matthew WienerUniversity of Pennsylvania Carey Law School 

Panel 3: Corner Post v. Federal Reserve 

Thursday, August 1 (12:00 p.m. – 1:15 p.m. ET)

The third panel will address Corner Post v. Board of Governors of the Federal Reserve System. In Corner Post, the Court held the statute of limitations for challenging an agency rule under the Administrative Procedure Act does not begin to run until a plaintiff is “injured” by the rule.  

Participants: 

  • Aditya BamzaiUniversity of Virginia School of Law 
  • John DuffyUniversity of Virginia School of Law 
  • Jonathan SiegelThe George Washington University Law School 
  • Allison ZievePublic Citizen 

Moderator:

  • Elizabeth PapezGibson Dunn & Crutcher LLP

Panel 4: Ohio v. EPA 

The fourth panel will address Ohio v. Environmental Protection Agency. In this decision, the Supreme Court granted plaintiffs’ application to stay an EPA rule pending appeal based on a finding that EPA “offered no reasoned response” to certain public comments made during the notice-and-comment period

Details about Panel 4, including the time and participants, will be announced soon.