Potomac Law partner David Boundy is quoted in the Law 360 article "IP Groups Urge Justices To Keep Chevron, But Amend It.” The story covers the case Loper Bright Enterprises v. Raimondo, U.S. Supreme Court No. 22-451, in which the Court is reconsidering Chevron deference.
Boundy's brief argues that Chevron deference should only apply to rules promulgated with full statutory procedure, and a narrow additional set where the agency uses procedures that approximate statutory requirements for public vetting. "Confining Chevron in this way preserves its advantages: Agencies can still provide early and national uniformity, and Article III courts benefit from agencies' informed judgments — agencies just have to follow statutory procedures to earn full deference," the groups say.
Of some forty amicus briefs filed, Boundy's brief was of the few that received individual coverage.
The article is available at https://www.law360.com/articles/1701803.
Mr. Boundy’s brief is available at SSRN: https://ssrn.com/abstract=4520183.
