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The Indicator from Planet Money

Goodbye, Chevron. Hello, lawsuits!

The Indicator from Planet Money

NPR

Business

4.79.5K Ratings

🗓️ 18 July 2024

⏱️ 11 minutes

🧾️ Download transcript

Summary

The Supreme Court's decision to quash Chevron deference means countless agency regulations are now more vulnerable to being challenged and struck down. Think the Environmental Protection Agency's plan to boost electric vehicle sales, discrimination protections against transgender people, and rules that expand eligibility for overtime.

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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