This is a news story, published by Bloomberg Law, that relates primarily to Chevron news.
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ChevronBloomberg Law
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77% Informative
Just because a rule was previously upheld under Chevron doesn’t automatically mean it will be overturned.
Not every decision would be safe, but neither would every decision be in mortal peril.
The only cases that would present a real risk of flipping are those where: the statute was silent or ambiguous at step one; the agency’s interpretation was reasonable, but not the best.
Now is a great time to reassess whether to challenge existing rules or prior statutory interpretations.
Chevron incentivized agencies to use notice-and-comment procedures.
Without deference, agencies will likely look more to less-formal processes with increasing frequency.
Lawyers should think carefully about where to file suit, and be prepared for the possibility of circuit splits and the need for Supreme Court review.
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