Agency Deference No More? Lessons from West Virginia v. EPA

The recent Supreme Court decision in West Virginia v. EPA is the clearest articulation yet of the Court’s “major questions” doctrine. This ruling, along with other recent decisions, will have a long-term impact on how far agencies like the CFTC, FERC, and the SEC can go with their rulemakings and other actions.

Drawing on their firm’s successful efforts in this watershed case, partners from Jones Day will address how the major questions doctrine will affect the rules governing your businesses—and how it can be a tool to challenge those rules that go astray from the statutes.