Chevron’s demise brings promises & perils for life sciences companies

Lexology July 12, 2024
Hogan Lovells

The U.S. Supreme Court has issued its highly anticipated decision overturning the 40-year old doctrine established in Chevron v. Natural Resources Defense Council, which recognized judicial deference to administrative agencies’ interpretations of ambiguous statutes under certain circumstances. The decision to eliminate Chevron deference is likely to place increased pressure on administrative agencies – including the Food and Drug Administration (FDA) – when interpreting and applying the law in instances where Congress was either unclear or left gaps, as such decisions may be open to increased scrutiny by the federal courts. Earlier this year, FDA Commissioner Robert Califf, MD, shared his concerns about the diminishing role of Chevron in recent years, and lamented the idea of judges stepping in and ”acting...

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