CLAY, Circuit Judge. Plaintiff, a government contractor, brought suit against Defendants, a township and a consulting company, claiming racial discrimination after the consulting company allegedly made false and inaccurate statements about Plaintiff, leading Defendant township to award a government contract to a rival firm. The suit alleged violations of Plaintiff’s rights under the Constitution, federal statutes, and Michigan law. The district court dismissed the case on the grounds that Plaintiff failed to state a claim under either 42 U.S.C. § 1981 or 42 U.S.C. § 1983 by failing to allege the racial composition of its ownership. Further, the district court held that Plaintiff lacked standing to assert its constitutional claims, and that Defendant consulting company was not a state actor for purposes of § 1983. For the reasons set forth below, we REVERSE in part and AFFIRM in part the district court’s order dismissing the case and REMAND the case for further proceedings in accordance with this opinion.

LARSEN, Circuit Judge. In 2021, the Department of Health and Human Services (HHS) issued a final rule governing the Title X grant program, which makes grants to assist in the establishment and operation of family planning projects. Among other things, the Rule interpreted § 1008 of Title X, which bars funds appropriated under the Title X grant program from being “used in programs where abortion is a method of family planning.” A group of states sued, seeking to block two provisions of the 2021 Rule. First, the States challenge the 2021 Rule’s elimination of a prior HHS rule that required grantees to maintain strict physical and financial separation between their Title X programs and any abortion-related services they might provide. Second, they challenge the Rule’s requirement that Title X projects provide referrals for abortion services when requested by the patient.

The Supreme Court has already had occasion to interpret § 1008, the statutory provision at the heart of this case. In Rust v. Sullivan, the Supreme Court held that § 1008 is ambiguous as to program integrity and referrals for abortion and that Chevron deference applies. 500 U.S. 173, 184 (1991). Therefore, we defer to the agency’s interpretation of § 1008 if the interpretation is permissible. Id. While the doctrinal landscape undergirding Rust has shifted significantly since it was decided, Rust, and its application of Chevron, remain binding on this court. Applying Rust, we cannot say that the 2021 Rule’s referral requirement is an impermissible interpretation of § 1008. However, we hold that the 2021 Rule’s program-integrity requirements do not represent a permissible interpretation of § 1008. We therefore AFFIRM the district court’s denial of a preliminary injunction in part and REVERSE in part.