Loper Bright Goes Up to Supreme Court and Implications for Federal Agency Regulations

Published April 1, 2024 By By David Antoni, CPA, Moss Adams; Christopher H. Hanna, JD, LLM, Moss Adams; Eric Krienert, CPA, Moss Adams

An interesting non-tax case on the docket for the US Supreme Court’s current term could have far-reaching implications for the extent of federal agencies’ power in drafting regulations that interpret federal statutes, including US Treasury’s Regulations pursuant to the Internal Revenue Code (IRC).

Recently, the Supreme Court agreed to hear a case questioning the validity of a federal regulation applicable to the fishing industry. Loper Bright Enterprises v. Raimondo, Case No.22-451, certiorari granted (May 1, 2023)1.  The Supreme Court heard oral arguments in this case on January 17, 2024.

This article was published in the Spring 2024 issue of the TCA.  To read this full article, visit

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