Jimmy Slaughter Speaks with Waste Dive on Impact of Loper Bright and Corner Post on Waste and Recycling Industries

Principal Jimmy Slaughter (Washington, DC) was quoted in an article in Waste Dive on the Supreme Court’s recent major decisions on administrative law and statutory interpretation and how they could affect the solid waste and recycling sectors.

Jimmy commented that Loper Bright’s overturning of Chevron will “create new opportunities for the solid waste and recycling sectors to challenge federal regulations and enforcement actions.” He noted that the Loper Bright decision does not affect state and local regulations, which make up the bulk of regulations relevant to waste and recycling operations. Jimmy explained that Loper Bright “should temper federal agency rule-writing to more strictly follow the dictates of the text of the law as written.”

Jimmy also discussed the Supreme Court’s decision in Corner Post v. Board of Governors of the Federal Reserve System, noting that it could “reset the clock for entities challenging certain federal rules,” as the decision changes the timeline of challenging agency regulations from six years from a rule’s issuance to when a party is damaged, financially or otherwise, by the rule.

Jimmy called the reversal of Chevron, along with Corner Post, “the new rules of the road that will guide the solid waste industry as it deals with EPA regulations and enforcement actions.”

A Chambers-ranked trial lawyer, Jimmy is a nationally recognized leader in mass tort, class action, constitutional litigation, and enforcement defense involving solid waste, drinking water, wastewater, biosolids, and chemicals. Jimmy represents major companies, municipal agencies, and trade associations.

B&D’s litigators pursue major environmental cases nationwide, including in the U.S. Supreme Court, where the firm recently secured a victory for a natural gas pipeline client in Ohio v. EPA relating to the CAA and are preparing to argue a CWA case in the Court’s upcoming fall term for San Francisco. For a full analysis of the recent major Supreme Court decisions, and links to the decisions, read the firm’s commentary in Implications of Recent Supreme Court Decisions on Administrative, Environmental, and Natural Resources Law.