Washington, D.C., July 22, 2024 – 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 four recent Supreme Court decisions for federal agencies.

"It is a rare term for the United States Supreme Court that includes four major decisions making fundamental contributions to administrative law. But that is exactly what happened in the Court’s 2023-2024 term," said ACUS Chair Andrew Fois. "Everyone at ACUS is excited to present these webinars on each case, emphasizing what they mean for federal administrative agencies’ procedures and processes. Please join us."

To learn more about the forum and register to attend, visit https://www.acus.gov/event/recent-administrative-law-developments-supreme-court-whats-next-agencies.

Panel 1: Loper Bright v. Raimondo

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.”

The panel will take place virtually on Tuesday, July 30 (12:00 p.m. – 1:15 p.m. ET). Participants are:

• Jack Beermann, Boston University School of Law
• Cary Coglianese, University of Pennsylvania Carey Law School (moderator)
• Abbe Gluck, Yale Law School and Yale Medical School
• Elbert Lin, Hunton Andrew Kurth LLP
• Victoria Nourse, Georgetown University Law Center

Panel 2: SEC v. Jarkesy

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.”

The panel will take place virtually on Tuesday, July 30 (1:30 p.m. – 2:45 p.m. ET). Participants are:

• Jennifer Dickey, U.S. Chamber Litigation Center
• Jeffrey Lubbers, American University Washington College of Law
• Christopher Walker, University of Michigan Law School
• Matthew Wiener, University of Pennsylvania Carey Law School (moderator)

Panel 3: Corner Post v. Federal Reserve

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.

The panel will take place virtually on Thursday, August 1 (12:00 p.m. – 1:15 p.m. ET). Participants are:

• Aditya Bamzai, University of Virginia School of Law
• John Duffy, University of Virginia School of Law
• Elizabeth Papez, Gibson Dunn & Crutcher LLP (moderator)
• Jonathan Siegel, The George Washington University Law School
• Allison Zieve, Public Citizen

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.

About ACUS

The Administrative Conference of the United States is an independent, non-partisan federal agency within the executive branch dedicated to improving administrative law and federal regulatory processes. It conducts applied research, and provides expert recommendations and other advice, to improve federal agency procedures. Its membership is composed of senior federal officials, academics, and other experts from the private sector. Since 1968, ACUS has issued hundreds of recommendations, published reports and reference guides, and organized forums to improve the efficiency, adequacy, and fairness of administrative processes such as rulemaking and adjudication. Many have resulted in reforms by federal agencies, the President, Congress, and the Judicial Conference of the United States. Learn more at www.acus.gov.

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