Helgi Walker and Michael Corcoran Explain Post-Loper Bright Landscape for National Law Journal

Article  |  April 21, 2026

The National Law Journal

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Partner Helgi Walker and associate Michael Corcoran have published an article in the National Law Journal [PDF] about the landmark Loper Bright Enterprises v. Raimondo administrative law U.S. Supreme Court case. They explain the two must-do steps for any lawyer seeking to challenge agency actions involving supposed delegations of discretionary power: (1) knock out generic grants of authority as conferring no interpretive discretion and (2) ensure that the agency’s regulations are directly linked to terms it has the authority to interpret.

They write that the ruling’s language about delegated discretions “is no shark, but a herring” and that in light of their analysis “agency challengers should be well-equipped to sail across these new seas in the post-Loper Bright world — building on Loper Bright and opening new fronts in challenges to agency actions.”