One year after the U.S. Supreme Court’s landmark ruling in Loper Bright Enterprises v. Raimondo, federal administrative law doctrine seems to now be aligned with principles that California courts have been applying for nearly 30 years. California courts have long declined to give automatic deference to agency interpretations of statutes, instead evaluating them based on their persuasive power, a framework that closely resembles the U.S. Supreme Court’s decision in Loper Bright to overturn the federal Chevron doctrine.
In this article, Sidley partners David R. Carpenter, Daniel Hay, and Sidley alumnus Scott Lowder outline how California has effectively operated under a post-Chevron-like approach for decades. But while federal and California courts are now aligned on their doctrinal approach to agency interpretation of statutes, there may be structural reasons to expect the courts to apply those standards to different effect.
View article here.
Reproduced with permission. Published [July 14, 2025]. Copyright 2025 Bloomberg Industry Group 800-372-1033. For further use please visit https://www.bloombergindustry.com/copyright-and-usage-guidelines-copyright/.
