Videos

In our complex modern society, federal agencies regulate nearly every important element of American life, from the quality and safety of our air, water and food to the safety and availability of medications and consumer products. Recent Supreme Court decisions are significantly changing how those agencies can operate. Agencies may no longer be able to regulate matters of great economic and political significance without express Congressional direction. No longer are courts required to defer to an agency’s expertise when interpreting ambiguities in regulatory statutes. Regulated parties from whom an agency seeks civil penalties may now be entitled to a jury trial. And people or companies that want to challenge agency regulations may now have a much longer window of time to do so.

The Supreme Court’s historic decisions relating to the authority of these agencies have the potential to radically change how businesses and institutions operate and how Americans live their day-to-day lives. This panel will explore the ramifications and far-reaching impacts of these Supreme Court decisions from the perspectives of the law, the courts, and regulated industries.

Panelists include:
Chief Judge Catherine Eagles, U.S. District Court for the Middle District of North Carolina
Senior Attorney David Doniger of the Natural Resources Defense Council
Jennifer Zachary, general counsel for Merck Inc.
Professor Stuart Benjamin of Duke Law School (moderator)

Sponsored by the Litigation Section of the American Bar Association, the Bolch Judicial Institute at Duke Law School, and the Berkeley Judicial Institute.