What Are the Post-Chevron Courts Doing? (Notice & Comment May 2026 Conference Panel 1)

The courts need to be skeptical of agency action.

in the sense that be aware that agencies are going to push the envelope and be willing to say no in appropriate cases.

And this was going to be maybe the culmination or the biggest one of the cases thus far in that line.

Yeah, and that kind of nicely sets up what I want to talk about briefly.

Then we're going to jump through those four questions.

So right after the decision came down, law professors, of course, hit their favorite blogs and the Atlantic.

And I think one said it's the end of the administrative state.

Several said nothing's changed at all, which I loved.

And then there's, of course, us in the middle are saying, no, it's going to, you know, you know.

But there's just a lot of uncertainty.

And we've had a couple of years now.

And like, is what's this the big change? I mean, I'll throw this to Megan.

Like, what have we seen? I guess this was this a revolution or is it not not quite as exciting as some folks were expecting?

I mean, I think the jury's still out, partly because this administration hasn't leaned into deregulatory stuff quite as much as maybe they could.

And it would generate some of the resolution of the questions that Rahman identified.

You can see the lower courts are struggling with a lot of these questions, like what do you do? But I haven't seen the revolution.

The regulatory stuff we do, like I come at this from someone practicing before the agencies a lot, and then my partners will litigate, but it's informing how we're doing the advocacy.

It's certainly a dance that has shifted, right? I think the terms of discussion have changed a little bit, but I haven't seen revolution yet.

I don't know if that answers your question, but I feel like there is a...

I kind of like it's like a knife fight going on in some of the courts of appeals over these four issues.

And then the administrative state is kind of floating above it.

And I think some of us are just kind of waiting to say, OK, like take the next big step and tee up some of these these issues.

Yeah, I'm kind of curious, are we aware of any cases that would not have been brought under Chevron that have been brought under Looper Bright?

You mean in terms of plaintiffs deciding to...

I think it's hard to tell.