Goodbye, Chevron. Hello, lawsuits!
The Indicator from Planet Money
NPR
4.7 • 9.5K Ratings
🗓️ 18 July 2024
⏱️ 11 minutes
🧾️ Download transcript
Summary
Yesterday, we explained the history that led to this moment. Today, we look at the how the decision will play into a wave of regulatory lawsuits.
Related episodes:
The conservative roots behind the Chevron doctrine (Apple / Spotify)
Could SCOTUS outlaw wealth taxes (Apple / Spotify)
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Transcript
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| 0:00.0 | NPR. |
| 0:04.0 | If you're... |
| 0:05.0 | If you're a business. |
| 0:10.0 | If you're a business, and there's a business regulation that you don't like, what can you do about it? |
| 0:17.0 | Well, if you've got the money, you could call a guy like James Tice. |
| 0:21.0 | He specializes in regulatory litigation at the Aiken law firm, which is a fancy way of saying he specializes in suing government agencies. |
| 0:29.0 | Agencies often get things right, but like anyone else, they often get things right but like anyone else they often get things wrong and it can |
| 0:34.3 | significantly impact individuals and small businesses. When federal agencies make |
| 0:39.6 | rules and regulations they often have to interpret statues, laws and and |
| 0:45.0 | for a long time if you were a business looking to challenge an agency regulation, |
| 0:50.0 | the odds were stacked against you. |
| 0:52.0 | In cases where a question of statutory interpretation is genuinely ambiguous, |
| 0:58.4 | it used to be the case that courts would have to defer to a reasonable agency interpretation of the statute. |
| 1:05.0 | As we learned in yesterday's episode, this is because of a 40-year-old judicial doctrine known |
| 1:09.7 | as Chevron deference. |
| 1:11.7 | But then, a few weeks weeks ago the Supreme Court dropped a |
| 1:14.4 | bombshell. In its opinion for a case involving a company called Loperbright |
| 1:18.7 | Enterprises, a majority of the justices on the court declared Chevron deference is dead. |
| 1:27.0 | In the day since, James says he has been busy. |
| 1:30.4 | He's been talking to current and potential clients, companies and industries like energy and health care. |
| 1:36.0 | And while this new legal landscape has been good for James's firm, |
| 1:40.0 | the fallout from Loper Bright also has financial stakes for all of us. |
... |
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