In a landmark decision in Loper Bright v. Raimondo, the U.S. Supreme Court ended the longstanding practice of Chevron deference, shifting how federal courts interpret ambiguous statutes administered by regulatory agencies. For attorneys across the country, this signals a seismic change in administrative law.

But for Wisconsin lawyers, the shift may feel more familiar – thanks to the Wisconsin Supreme Court’s 2018 decision in Tetra Tech EC Inc v. Wisconsin Department of Revenue, which already eliminated agency deference at the state level.

James Goldschmidt, a seasoned appellate litigator, sat down with the State Bar of Wisconsin for a preview of his upcoming keynote panel discussion at the Annual Meeting and Conference (AMC), happening June 18-20 in Madison.

In the interview, Goldschmidt breaks down the core legal and practical shifts introduced by Loper Bright, and explains why Wisconsin lawyers – whether or not they focus on administrative law – need to understand the implications.

"Loper Bright overruled 40 years of U.S. Supreme Court precedent,” Goldschmidt said, “and ended the practice of federal courts deferring to reasonable agency interpretations of ambiguous statutes.” Under the new approach, “federal courts must now identify and enforce the best interpretation of the statute – even if the agency’s interpretation is also reasonable.”

In many ways, Wisconsin was ahead of the curve. In Tetra Tech, the Wisconsin Supreme Court ruled that courts owe no deference to agencies’ legal conclusions. That decision reshaped administrative litigation in Wisconsin and laid the groundwork for how courts and attorneys approach agency review today.

“We’ve seen changes both in agencies and in courts,” Goldschmidt said. “Agency attorneys now know they can’t rely on deference, so there’s a greater emphasis on strong legal reasoning. And litigants are reminding judges they must take a fresh look at legal questions – even ones they might have previously deferred to the agency on.”

What does this mean for practicing attorneys? According to Goldschmidt, these cases create both opportunities and risks.

“Every lawyer challenging or defending an agency decision is now, in a sense, an appellate lawyer – even in circuit court,” he explained. “Tetra Tech and Loper Bright give lawyers a more level playing field to challenge agency decisions, but defending those decisions will require more creativity and stronger legal arguments.”

There’s also a key role for the judiciary. Trial judges – who may be less accustomed to reviewing agency interpretations – will need to step into a more active role in interpreting statutes, often in highly technical areas.

Quoting Justice Elena Kagan’s dissent in Loper Bright, Goldschmidt noted that courts may soon be asked to decide questions such as: What counts as a protein? How distinct is “distinct” when classifying squirrel populations? Should environmental policy take priority over economic growth when interpreting statutory terms?

That’s why this conversation, Goldschmidt emphasized, isn’t just for administrative lawyers.

“Sooner or later, every business or individual in Wisconsin runs into agency regulation,” he said. “You don’t need to be an administrative lawyer to challenge agency legal conclusions – and the courts across the state will continue to see these cases.”

Goldschmidt will moderate the closing keynote panel at AMC 2025, bringing together legal experts – including former Wisconsin Supreme Court Chief Justice Patience Roggensack – to explore the post-Chevron landscape and how Wisconsin’s experience under Tetra Tech may offer insights for the rest of the country.

“We hope attendees leave with a better understanding of what changed in Loper Bright,” Goldschmidt said, “and how the Wisconsin bench and bar have been navigating similar issues since 2018. With six years of experience in a Chevron-free zone, Wisconsin may have something to teach the rest of the country.”

Don’t miss this important discussion at the 2025 Annual Meeting and Conference, June 18-20 in Madison.

Join Your Colleagues in Madison for the Annual Meeting & Conference

Join hundreds of legal professionals and judges from around Wisconsin and the nation this June for the State Bar of Wisconsin Annual Meeting and Conference (AMC).

This year’s AMC convenes in Madison at the Monona Terrace Community and Convention Center. See nationally renowned plenary speakers, attend your choice of more than 20 CLE sessions to enhance your practice, and network and celebrate with your colleagues.

Register now for the best rates.

Plenty of CLE Sessions

CLE sessions at AMC cover trends, topics, and advice to boost your practice, including the Friday morning interactive ethics plenary session and numerous social and networking events. Earn up to 11.5 CLE, EPR, LPM, and LAU credits (plus CLM credits for Wisconsin Association of Legal Administrators members), on a vast array of topics for every practice area and experience level.

Earn an additional 7.5 credits by watching select complimentary webcast replays in July and August.

Network with Bench and Bar

AMC is the largest State Bar of Wisconsin gathering of the legal profession and the judiciary in one place at one time. Meet your colleagues and judges from the Wisconsin Supreme Court, the Wisconsin Court of Appeals, and circuit courts from across Wisconsin. Judges are among the presenters and speakers and have the opportunity to attend and earn judicial credit.

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