Challenging EPA Rule Interpretations: The Future of Auer Deference After Kisor v. Wilkie
A live 90-minute CLE webinar with interactive Q&A
This CLE webinar will discuss Auer deference--judicial deference to agency decisions--in light of the recent Supreme Court decision in Kisor v. Wilkie, and provide practical guidance to environmental counsel in challenging EPA enforcement actions on behalf of their clients.
- Chevron and Auer deference
- The substance and potential impact of Kisor v. Wilkie
- Practical guidance and strategies
The panel will review these and other key issues:
- What is the status of Chevron and Auer deference?
- What are the practical implications of the Supreme Court's decision in Kisor v. Wilkie?
- How do these cases impact the tools available to the EPA and other agencies--and to parties challenging the EPA and other agencies--in regulatory litigation?
- What are the best practices for challenging agency actions based on Kisor and other recent administrative law developments?
Amanda Shafer Berman
Crowell & Moring
Ms. Berman draws on her extensive appellate and district court experience to achieve the best possible outcome for... | Read More
Ms. Berman draws on her extensive appellate and district court experience to achieve the best possible outcome for clients in a wide variety of litigation, including cases arising under environmental statutes. Prior to joining the firm she served as a senior attorney in the DOJ’s Environmental Defense Section. She briefed and argued over a dozen cases in the federal courts of appeal, winning all matters in which a decision was rendered. Ms. Berman was also lead counsel for the government in dozens of district court matters arising under the CAA, CWA, CERCLA, and other statutes. She achieved successful outcomes for federal clients, including the Department of Defense and EPA through motions practice, trial, and settlement negotiations, setting internal records and making new precedent in several instances.Close
Covington & Burling
Mr. Brugato’s practice focuses on environmental matters, as well as civil and administrative litigation. He has... | Read More
Mr. Brugato’s practice focuses on environmental matters, as well as civil and administrative litigation. He has experience advising clients on a wide variety of environmental issues, including under the Clean Air Act, Clean Water Act, RCRA, CERCLA, EPCRA, TSCA, FIFRA, and the Endangered Species Act. Mr. Brugato has extensive experience with EPA's Renewable Fuel Standard program. He also has particular expertise in advising companies on environmental-related issues arising in the context of product recalls (such as compliance with PHMSA’s hazardous materials transportation regulations), including recalls under NHTSA or CPSC jurisdiction.Close
Kaitlyn R. Maxwell
Ms. Maxwell focuses her practice on environmental litigation. She advises clients on regulatory compliance issues and... | Read More
Ms. Maxwell focuses her practice on environmental litigation. She advises clients on regulatory compliance issues and represents clients in litigation in state and federal courts. Her work includes litigation of major contamination cases under the hazardous waste and Superfund laws. Ms. Maxwell also advises clients in transactions involving the sale of contaminated real property. She is a frequent author and lecturer on a variety of environmental law topics.Close
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