Davis Polk partner David Portilla was quoted in Ignites discussing the authority of federal agencies and recent court challenges against it.

He noted that the Supreme Court and other federal courts have ruled against agency authority so frequently in recent years that any agency, including the SEC, must now consider a legal challenge to any potential rulemaking.

“The federal courts, generally speaking, are reviewing agency actions with fully open eyes, and they’re willing to disagree with the agencies [on the limits of their power],” he said.

“Letting Courts Kill the Climate Rule ‘Cleaner’ Than Repealing: Attorneys,” Ignites (January 15, 2025) (subscription required)

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