OFAC Sanctions Deserve To Be Challenged Post-Chevron
Solomon Shinerock writes in Law360 about the unintended consequences of OFAC's expansion of the Specially Designated Nationals List.
The Office of Foreign Assets Control has been aggressively expanding its list of individuals, entities and assets identified for blocking on the Specially Designated Nationals List.
The unintended consequences of this effort, including unjustified listing decisions that are difficult or impossible to challenge, raise serious questions about the wisdom of what appears to be OFAC's scorched-earth approach, especially as part of the Russian sanctions program.
With the U.S. Supreme Court's June 28 decision in Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce rejecting 40 years of deference to agency rulemaking, those questions may turn into targeted legal attacks.
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