Loper Bright & Corner Post Review: Supreme Court’s Overturning of Chevron Doctrine Spells Uncertainty for Food Industry Regulations


On June 28, 2024, the U.S. Supreme Court overturned the Chevron doctrine of agency deference in its Loper Bright Enterprises v. Raimondo decision. The doctrine takes its name from a 1984 Supreme Court case, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc, 467 U.S. 837 (1984), which announced a bright-line rule governing whether a regulation promulgated by an executive branch agency, like FDA or USDA, was enforceable based on the scope of statutory authority Congress delegated to the agency. Chevron held that if a court concluded that a statute was silent or ambiguous as to an issue (Step One), then the court must defer to an agency’s permissible construction of the statute in the regulations it promulgated (Step Two). In overturning Chevron deference, Loper Bright announced that courts “must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

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About the Author: Sarah L. Brew

Sarah L. Brew leads Faegre Drinker Biddle & Reath LLP’s nationally ranked food litigation and regulatory practice. Ms. Brew represents food producers, distributors, retailers and restaurants in complex litigation, including foodborne illness outbreaks, consumer fraud class actions, and commercial disputes arising from food recalls.

About the Author: Aaron D. Van Oort

Aaron Van Oort is a legal strategist and appellate lawyer who co-chairs Faegre Drinker’s appellate advocacy group. A former law clerk for Justice Antonin Scalia, a Fellow of the American Academy of Appellate Lawyers and an editor of the Eighth Circuit Appellate Practice Manual (10th ed. 2022), Aaron is a distinguished voice for clients in trial and appellate courts throughout the country. Chambers USA describes him as having “notable prominence and presence in this field.”

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Bruce Jones is a voice for clients in federal and state appellate courts. Whether defending a trial court decision or pursuing the reversal of a judgment, Bruce brings deep knowledge and experience to litigation areas such as product liability, drugs and medical devices, consumer fraud, and the environment.

About the Author: Lance W. Lange

Lance Lange counsels businesses, trade associations and other organizations as an outside general counsel and lead trial lawyer who represents clients in state and federal courts throughout the United States. He has handled a broad range of lawsuits, including single-plaintiff cases, class actions, mass actions and administrative proceedings. While he is always willing to take a lawsuit to trial, he strives to counsel clients to create compliance programs that will minimize the risk of litigation. His business cases have included breach of contract claims, consumer lending and consumer protection claims, antitrust claims, trademark and patent infringement, trade secret misappropriation, claims under the Administrative Procedures Act and various other federal statutes, and real estate and environmental claims. Lance has represented clients in a wide range of industries, including food and agribusiness, financial services, telecommunications, media, and energy.

About the Author: Joelle Groshek

Joelle Groshek is an associate in Faegre Drinker Biddle & Reath LLP’s food litigation and regulatory team and is a member of the firm’s consumer products & retail and food & agribusiness groups. She represents food manufacturers, distributors, and retailers in litigation arising from recalls and foodborne illness outbreaks and supply-chain disputes.

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Hannah Leiendecker is a commercial litigator and appellate advocate. She defends clients in federal and state courts across the country, particularly in consumer class actions, franchise-related disputes and appellate matters.

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Ever Hess counsels clients in high-stakes matters existing at all procedural postures, ranging from pre-litigation and case inception through post-trial and appeal. She has represented clients in matters concerning a variety of complex claims, including those involving commercial contracts, constitutional law, state torts, Title VII, the Lanham Act, and federal preemption, as well as precedent-setting Copyright Act and Digital Millennium Copyright Act claims. She has extensive experience drafting successful dispositive motion briefs and other briefs for clients, has argued motions in federal district court that have resulted in successful outcomes for clients, and has helped secure other meaningful outcomes for clients ranging from preliminary injunctions and favorable settlements to significant post-trial wins.

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