Monday, July 8, 2024 – 9 am Eastern – 15:00 CET
Program Slides – Program Chat – Program auto-transcript
Join GW Law and a panel of experts for a free one-hour webinar to discuss the potential impact of the Supreme Court’s blockbuster decision in Loper Bright Enterprises, in which the Court discarded judicial deference to agencies’ statutory interpretations under Chevron. Our panelists will discuss what Chevron has meant, notable examples of government contracts decisions assessing deference to the agencies (including the Federal Circuit’s recent bid protest decision in Percipient.ai v. United States), and what a post-Chevron legal landscape might look like — and whether that landscape could and should be reshaped by the huge changes underway in administrative law.
Editor’s note: After the webinar, an article on Loper Bright and its impact on public procurement law, co-authored by panelists Christopher Yukins and Nicole Williamson and joined by Kristen Ittig, was made available here.
Panelists
Joshua Schwartz – E.K. Gubin Professor of Government Contracts Law, George Washington University Law School
Nicole Williamson – Associate, Arnold & Porter
Nathan Castellano – Special Counsel, Jenner & Block
Moderator — Christopher Yukins, Lynn David Research Professor of Government Procurement Law, GW Law School
Resources
Loper Bright Enterprises v. Raimondo (June 28, 2024). SCOTUS Blog. Oral argument (CSPAN).
Chevron U.S.A., Inc. v. NRDC, 467 U.S. 837 (1984) (JUSTIA)
Nathan Castellano & Isaac Shabes, Deference to Agency Interpretations of Procurement Regulations: Restraining Government Contracts Exceptionalism, 37 Nash & Cibinic Rep. ¶ 47 (July 2023)
Eric Katz, Supreme Court appears ready to end deference to federal agency expertise, Government Executive, Jan. 17, 2024
Professor Thomas W. Merrill on the Future of the Chevron Doctrine, News from Columbia Law (Jan. 2024)
Webinar Background Paper
Christopher Yukins, The Sentinel Stirs: Government Procurement Law After Loper Bright Enterprises (discussion draft July 5, 2024) (webinar background paper); final published version.
The webinar’s nearly 350 registrants came from 14 countries, including from 33 U.S. states and the District of Columbia