Just two months have passed since the U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo, but litigants are already using it to challenge agency regulations in the field of environmental law and natural resource management to overturn and otherwise test the boundaries of that ruling.
One regulation that is vulnerable under Loper Bright, and is now the subject of four newly filed lawsuits, is the Bureau of Land Management's May 2024 Conservation and Landscape Health Rule, which broadly interprets "uses" under the Federal Land Policy and Management Act of 1976 to include conservation easements — the first time the BLM has done so in a regulation.
LINKS
Read “After Chevron: Conservation Rule Already Faces Challenges,” co-authored by Stacey Bosshardt, published by Law360. (subscription)