Austin Principal Charles Fowler provided commentary to Law360's article, "Labor Dept. ESG Rule May Survive Chevron's Demise." The article reviews The Fifth Circuit's recent overturning of a ruling that relied on the now-defunct doctrine of Chevron deference to uphold a U.S. Department of Labor rule covering socially conscious retirement plan investing. Charles said while he didn't think the remand decision "affects the ultimate merits" of a subsequent ruling from the panel on the DOL's ESG rule, he also took note of the limited aspect of the appellate court's remand decision. He said the limited remand means the case "would go back to the district court for the limited purpose of a new legal ruling and would come back to the same panel who's already got familiarity — they've already read all the briefs once, they've already heard an oral argument in the case."
The full article can be found here.