With the recent SCOTUS decision overturning Chevron, lawyers involved in administrative litigation are considering how the decision will affect their matters. Sanctions litigation is one area which will be impacted. Now, when sanctions designations are challenged in court, the government will no longer be able to simply invoke Chevron deference and Specially Designated Nationals (“SDNs”) will have better chances of getting delisted. As a result, OFAC and State will presumably be more cautious in imposing sanctions. In April, I wrote a short post for the Bribery Matters blog about what a reversal of Chevron might mean for sanctions litigation. You can read the full post here: “Herring and Anti-Corruption”.
