Is this you? As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.
Claim your profile
Articles by Bryan Killian
EPA Rescinds 2009 Endangerment Finding, Eliminates Federal Vehicle Greenhouse Gas Standards | JD Supra
The US Environmental Protection Agency has finalized its rule rescinding the 2009 Endangerment Finding under Section 202(a) of the Clean Air Act and repealing all federal greenhouse gas emission standards for motor vehicles and engines for model years 2012–2027 and beyond. The final rule also eliminates associated compliance programs, including credit banking and trading mechanisms and all off-cycle credits.
US Supreme Court Limits Presidential Tariff Powers
In a much-anticipated decision published on February 20, 2026, the US Supreme Court held that the president lacks specific authority under an emergency statute to impose tariffs on US imports, invalidating all tariffs under review. The International Emergency Economic Powers Act (IEEPA) does not authorize the US president to impose tariffs. The opinion does not clarify how importers will obtain refunds.
EPA Rescinds 2009 Endangerment Finding, Eliminates Federal Vehicle Greenhouse Gas Standards
The US Environmental Protection Agency has finalized its rule rescinding the 2009 Endangerment Finding under Section 202(a) of the Clean Air Act and repealing all federal greenhouse gas emission standards for motor vehicles and engines for model years 2012–2027 and beyond. The final rule also eliminates associated compliance programs, including credit banking and trading mechanisms and all off-cycle credits.
Supreme Court Narrows Scope of Judicial Review Under NEPA | JD Supra
After nearly two decades of silence, the US Supreme Court on May 29, 2025, weighed in on an issue that has tremendous significance for permitting of complex infrastructure and other development projects—the depth and breadth of the review required under the National Environmental Policy Act (NEPA). In Seven County Infrastructure Coalition v.
Supreme Court Narrows Scope of Judicial Review Under NEPA
After nearly two decades of silence, the US Supreme Court on May 29, 2025, weighed in on an issue that has tremendous significance for permitting of complex infrastructure and other development projects—the depth and breadth of the review required under the National Environmental Policy Act (NEPA). InSeven County Infrastructure Coalition v.
Falling Stars Ratings in Medicare Advantage Lead to Meteoric Payment Losses | JD Supra
The enormous impact of Medicare Stars Ratings on payments received by Medicare Advantage plans cannot be overstated. And with billions of dollars in bonus payments at stake, it may come as no surprise that stringent standards set out by the Centers for Medicare and Medicaid Services (CMS) have led plans to pushback against agency interpretations and seek judicial redress. We discuss the issues here.
Falling Stars Ratings in Medicare Advantage Lead to Meteoric Payment Losses
The enormous impact of Medicare Stars Ratings on payments received by Medicare Advantage plans cannot be overstated. And with billions of dollars in bonus payments at stake, it may come as no surprise that stringent standards set out by the Centers for Medicare and Medicaid Services (CMS) have led plans to pushback against agency interpretations and seek judicial redress. We discuss the issues here.
US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review | JD Supra
The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows the Court to resolve a circuit split on the question of whether NEPA requires federal agencies to consider environmental impacts that are outside of their direct responsibilities.
US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review
The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows the Court to resolve a circuit split on the question of whether NEPA requires federal agencies to consider environmental impacts that are outside of their direct responsibilities.
US Supreme Court Jettisons Chevron Deference: Practical Impact for Government Contractors | JD Supra
The US Supreme Court on June 28 overruled longstanding precedent and expanded the ability of government contractors to challenge agency interpretations and applications of certain statutes. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce (Loper Bright), the Court set aside the 40-year Chevron doctrine and held that courts may no longer defer to an agency’s interpretation of an ambiguous statute.
US Supreme Court Jettisons Chevron Deference: Practical Impact for Government Contractors
The US Supreme Court on June 28 overruled longstanding precedent and expanded the ability of government contractors to challenge agency interpretations and applications of certain statutes. In Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce (Loper Bright), the Court set aside the 40-year Chevron doctrine and held that courts may no longer defer to an agency’s interpretation of an ambiguous statute.
Chevron Doctrine Overruled: US Supreme Court Upends Longstanding Foundation Of Administrative Law | JD Supra
The US Supreme Court on June 28 decided Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, overruling the Chevron doctrine that for four decades has required federal courts to defer to administrative agencies’ interpretations of ambiguous or broad statutes. The doctrine was a foundation of administrative law and afforded successive US presidential administrations flexibility to interpret statutes via agency adjudications and rulemaking.
Chevron Doctrine Overruled: US Supreme Court Upends Longstanding Foundation of Administrative Law
The US Supreme Court on June 28 decided Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, overruling the Chevron doctrine that for four decades has required federal courts to defer to administrative agencies’ interpretations of ambiguous or broad statutes. The doctrine was a foundation of administrative law and afforded successive US presidential administrations flexibility to interpret statutes via agency adjudications and rulemaking.
Chevron Doctrine Overruled: US Supreme Court Upends Longstanding Foundation of Administrative Law
The US Supreme Court on June 28 decided Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, overruling the Chevron doctrine that for four decades has required federal courts to defer to administrative agencies’ interpretations of ambiguous or broad statutes. The doctrine was a foundation of administrative law and afforded successive US presidential administrations flexibility to interpret statutes via agency adjudications and rulemaking.
Bryan Killian - Concurrences
Morgan Lewis (Washington) Partner Bryan Killian is a partner at Morgan, Lewis & Bockius LLP, based in the firm’s Washington, D.C. office. Bryan is an appellate lawyer who represents clients facing complex, important, or unresolved questions of constitutional, statutory, and administrative law.
David R. Broderdorf
Morgan Lewis (Washington) Partner David R. Broderdorf is a partner at Morgan, Lewis & Bockius LLP, based in the firm’s Washington, D.C. office. He’s labor and employment practice focuses on private and public-sector labor/management relations, including under the National Labor Relations Act (NLRA) and the Railway Labor Act (RLA).
The US Supreme Court overturns the Chevron doctrine upending a longstanding foundation of administrative law (Loper Bright / Raimond)
Previous article Next article Share on | The US Supreme Court on June 28 decided Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, overruling the Chevron doctrine that for four decades has required federal courts to defer to administrative agencies’ interpretations of ambiguous or broad statutes.
US Supreme Court Narrows Environmental Protection Agency’s Options for Climate Change Regulation | JD Supra
The US Supreme Court’s recent invalidation of the Obama-era Clean Power Plan under the “major questions” doctrine could make it more difficult for the Environmental Protection Agency to craft a similar regulation in the future. In a 6-3 decision issued on June 30, 2022, the US Supreme Court held that the US Environmental Protection Agency’s (EPA’s) Clean Power Plan (CPP) exceeded the agency’s authority under Section 111(d) of the Clean Air Act (CAA).
How Does Climate Change Affect the Healthcare Industry? | JD Supra
The US Department of Health and Human Services recently announced the establishment of the Office of Climate Change and Health Equity (OCCHE). Noting that the OCCHE is “the first office of its kind at the national level to address climate change and health equity,” the OCCHE will be tasked with assisting with regulatory efforts aimed at reducing greenhouse gas emissions and criteria air pollution throughout the healthcare sector.
How Does Climate Change Affect Your Industry? | JD Supra
How to best address impacts from our rapidly changing climate is an issue that has permeated almost all sectors of the global economy, traversing industries and impacting all. Governments and businesses around the world are taking action to reduce greenhouse gas emissions and adapt to or mitigate anticipated climate change impacts.
US Supreme Court Allows Oil and Gas Companies to Appeal Jurisdictional Issues in Baltimore Climate Suit | JD Supra
In a decision with important implications for climate change tort cases, the US Supreme Court held that federal courts of appeal can consider all potential grounds for federal jurisdiction in certain appeals of district court remand orders. Since 2017, the companies defending climate change tort suits brought by local municipalities have removed those cases to federal court.
US Supreme Court Allows Oil and Gas Companies to Appeal Jurisdictional Issues in Baltimore Climate Suit
In a decision with important implications for climate change tort cases, the US Supreme Court held that federal courts of appeal can consider all potential grounds for federal jurisdiction in certain appeals of district court remand orders. Since 2017, the companies defending climate change tort suits brought by local municipalities have removed those cases to federal court.
President Biden’s ‘Modernizing Regulatory Review’ Memorandum | JD Supra
Much of the attention in President Joseph Biden’s executive actions in his first 100 days has been focused on his numerous executive orders on topics ranging from climate and COVID-19 to race and gender. Although these executive orders will immediately alter certain policies, observers have overlooked one non-executive order that may have a more consequential impact during the remainder of President Biden’s term: his January 20, 2021 memorandum titled “Modernizing Regulatory Review” (MMR).
Environmental Enforcement Outlook on Climate Change, NEPA and Emerging Contaminants and Chemical Safety | JD Supra
(Updated 2/16/2021) With the arrival of a new US presidential administration, companies are anticipating potential shifts in enforcement priorities by the US Environmental Protection Agency (EPA) in the areas of climate change, the National Environmental Policy Act (NEPA), and emerging contaminants and chemical safety.
President Biden Expands Access to Affordable Care Act Exchange Plans, Women’s Reproductive Health | JD Supra
January 28 was designated as “health day” for President Joe Biden’s early push of executive orders, with two new executive actions added to a growing list. The Executive Order on Strengthening Medicaid and the Affordable Care Act and Memorandum on Protecting Women’s Health at Home and Abroad were described by President Biden as “restorative” of policies modified by the prior administration.
Energy and Climate Update: Day 7 of Biden’s Presidency | JD Supra
President Joe Biden issued a series of executive orders on January 27 to further confront the “existential threat” of climate change, to reaffirm the executive branch’s commitment to evidence-based policymaking and innovation, and to build on the executive actions taken on Day 1. This LawFlash provides an overview of several of the key actions under those orders.
Lifetime Achievement Award: Mary Hevener
Mary Hevener, partner at Morgan Lewis & Bockius. Photo: Morgan Lewis We are thrilled to celebrate with our mentor and colleague Mary B. (Handy) Hevener as she receives a well-deserved Lifetime Achievement Award from the New York Law Journal. Handy, a partner at Morgan Lewis, is a legendary employment tax lawyer whose legal prowess is known throughout corporate America and the legal profession, and even within the IRS.
Constitutional Challenges to State Actions in Response to COVID-19 | JD Supra
State government actions in response to the coronavirus (COVID-19) pandemic—from closing businesses and limiting travel to lifting those restrictions—raise potential constitutional questions. Federal lawsuits challenging the constitutionality of state orders are cropping up around the nation. These challenges are distinct from any remedies that might exist under state law (including state constitutions) or federal statutes (including preemption).
Ninth Circuit: US Must Pay Share of CERCLA Cleanup Costs at Former Military Plant
The decision could make it easier to recover from the government for CERCLA response costs at former defense production facilities and shift leverage in settlement discussions. On October 4, a panel of the US Court of Appeals for the Ninth Circuit held in TDY Holdings v. United States that the US government must pay a share of the cleanup costs under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) at a site that produced equipment for the US military.
Show More
loading
Actions
Is this you?
As a journalist, you can create a free Muck Rack account to customize your profile, list your contact preferences, and upload a portfolio of your best work.Get in touch with Bryan
Contact Bryan, search articles and posts on X, monitor coverage, and track replies from one place.
Learn more about Muck Rack