Pepper Crutcher Discusses the Chevron Ruling in New Videos Produced by the Mississippi Manufacturers Association

Pepper Crutcher, a partner in Balch’s Jackson office and member of the Labor & Employment Litigation Practice, is featured in two new videos produced by the Mississippi Manufacturers Association (MMA). In the videos, Pepper, who serves as General Counsel to the MMA, discusses the implications of the Supreme Court's Loper Bright v. Raimondo decision for manufacturers and the broader business community.

In the Legal Brief video, Pepper discusses how the Chevron ruling has altered the landscape of federal agency administrative law.

“We are living through a revolution in federal agency administrative law,” says Pepper. “Courts are less likely today to enforce against you edgy, burdensome regulations.” 

He also explains the shift in judicial approaches before and after the Chevron ruling. 

“All that the agency had to show to win against you was that its view of the statute was a permissible, a plausible view, Pepper shares. “Now the agency must show that its view is the legally correct view. There is a big difference in those two things…”

In the Legal Update video, Pepper delves deeper into the case and discusses the impact of overturning the Chevron Doctrine on businesses in legal proceedings against agencies. 

“So, the Supreme Court did what any person who is not a lawyer would think courts would do, Pepper remarks. “They looked at the law and said the authority you are claiming, Mr. Regulator, we don’t see it here. You lose…And that’s new. And that’s good.” 

In his practice, Pepper advises and advocates for a wide range of Southeast U.S., private sector employers. He regularly defends employment litigation, including class and collective actions, and both defends and prosecutes unfair competition claims. Pepper’s labor law practice involves all types of NLRB proceedings, labor contract negotiation and arbitration. He also helps employers, insurers, brokers, administrators and providers achieve Affordable Care Act compliance and appeal ACA tax assessments. 

Pepper is a past president of the Mississippi Bar Association’s Labor and Employment Section. He currently serves as Chairman of the Federalist Society’s Labor and Employment Practice Group. Pepper has been recognized by Chambers USA, Mid-South Super Lawyers and The Best Lawyers in America^®.