Davis Polk partner and Financial Institutions practice head Margaret Tahyar was quoted in Law360 discussing the recent U.S. Supreme Court cases that caused a notable shift in administrative law.

Speaking about the Ohio v. EPA decision, which halted the agency’s implementation of a cross-state smog reduction plan while litigation challenging the move as arbitrary and capricious plays out, Margaret noted that this leaves open questions on whether the Supreme Court has expanded the definition of arbitrary and capricious.

“It’s a strong statement to the executive branch and the administrative state: Don’t try to retrofit statutes into places where Congress didn’t think about going,” she said.

Discussing the idea that some say this is an “assault on the administrative state,” Margaret does not agree. “This isn’t just red team, blue team,” she said. “This is a rebalancing. This is trying to get things to work.”

“High Court Flexes Muscle To Limit Administrative State,” Law360 (July 5, 2024) (subscription required)

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