WORKING TOOLKIT: CONSIDERATIONS FOR STATUTORY INTERPRETATION AFTER LOPER BRIGHT AND WEST VIRGINIA

Toolkit Access

CAELP is making this toolkit available to stakeholders on a case-by-case basis. Access will be granted at CAELP’s discretion and conditioned on users agreeing not to distribute this toolkit beyond their respective organizations. For that reason, we have asked users to sign a non-disclosure agreement.

Purpose and Caveats

This toolkit is intended to serve as a general, informational resource for statutory interpretation in agency cases and should not be considered legal advice, legal opinion, or any other form of advice regarding any specific facts or circumstances. The toolkit does not create or constitute an attorney-client relationship. Users should not act upon any such information without seeking qualified legal counsel.

The toolkit outlines considerations for litigating agency actions in the aftermath of Loper Bright Enterprises v. Raimondo and recent major questions doctrine (MQD) jurisprudence. While the toolkit is designed for litigants, it also may be beneficial to those drafting regulatory comments or other advocacy documents.

This toolkit will remain a work in progress, with the date at the top changing for each new iteration. Please use the most recent version as new opinions issue and doctrines adjust over time. CAELP will send a notification email to those granted access when an update becomes available.

While the toolkit aims to provide a comprehensive set of considerations that may be relevant to Loper Bright/MQD arguments, we recognize that some parts may be more (or less) relevant in individual cases. It is designed to allow for flexibility and choice at counsel’s exercise of discretion. Users can jump to specific parts by clicking on the entry in the Table of Contents.