On January 17th, the Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo. Under precedent set in 1984 under Chevron v. NRDC, courts traditionally defer to agency regulations that interpret statutes if the court determines that (1) the statute is ambiguous and (2) the agency’s interpretation is not “arbitrary and capricious”. As a result of this test, courts have generally deferred to agency interpretations in almost all cases. In recent years, courts have begun to question Chevron’s test.
In this webinar, we provided an overview of the case, explained why the test for deference is important, and described how changes could impact ERISA.
To request access to the recording and other program materials, please click here or below.