Chamber of Commerce’s Wins Offer Playbook on Rule Challenges (1)

Picking the right court has never been more key to challenging agency rules, thanks to a pair of Supreme Court rulings. For a preview of how a forum shopping strategy will play out post-Loper Bright and Corner Post, the US Chamber of Commerce’s shift to Texas from the D.C. Circuit is instructive.

The Chamber, a regular foe of federal regulations, has found increasing success in recent years in the Republican-dominated Texas courts, according to a Bloomberg Law review of such cases, and that success may provide fuel for future challenges to Biden administration regulations in the Lone Star ...