This article in Lewis & Clark’s Environmental Law Review, 55 Envtl. L. 449 (2025), demonstrates how lower courts have applied the Supreme Court’s 1944 decision in Skidmore v. Swift & Co. in the immediate seven months after the Court’s 2024 decision in Loper Bright Enterprises v. Raimondo, including initial data demonstrating considerable favor for agency interpretations, and that considers a practical approach for the post-Loper Bright landscape. By analyzing courts’ pre- and post-Loper Bright considerations of thoroughness, validity, consistency, agency expertise, and statutory purpose, the article provides strategic guidance for advocates seeking to influence judicial determinations of statutory meaning under Skidmore.
Additional author: Gabriella Mickel, Assistant Teaching Professor at Wayne State University Law School; former Legal Fellow, Center for Applied Environmental Law and Policy
This resource was commissioned by or produced by staff of the Center for Applied Environmental Law and Policy before the organization rebranded as Ridgeline Center for Law and Policy in 2026.