U.S. Supreme Court's Decision in Loper Bright a Sea Change for U.S. Maritime Sector

Maritime attorneys Sean Pribyl, Christopher Nolan and Michael Cavanaugh co-authored a Gard article about the significant implications of the U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo for the maritime sector. The ruling, which overturned the Chevron doctrine that granted deference to federal agencies' interpretations of ambiguous statutes, will likely lead to increased scrutiny of agency decisions in areas such as the Jones Act, environmental compliance under the Act to Prevent Pollution from Ships (APPS) and Oil Pollution Act of 1990 (OPA 90), and marine safety and security. The authors emphasize that while the full impact of the ruling remains uncertain, maritime stakeholders should anticipate challenges to agency interpretations and coordinate efforts to shape future rulemaking.

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Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.