8 Regulations at Risk in Wake of Supreme Court Overturning Chevron Doctrine
The Supreme Court recently jettisoned the 40-year-old precedent known as the “Chevron deference,” a ruling which allowed federal agencies to create rules and regulate operations smoothly within the government. The historic decision, known as Loper Bright Enterprises v. Raimondo, could transform the role of the federal government and threatens to impact regulations across a wide range of policy arenas.
The 8 Most Vulnerable Policies
Several policy areas have been identified as most likely to be affected by the Loper Bright ruling.
Student Loan Forgiveness
Billions of dollars in student loan assistance could potentially be at risk, as the Education Department has implemented several rules linked to student loan repayment and forgiveness. Numerous ongoing lawsuits assert that the government has overreached its authority, which could bring these policies into question.
Protections for Transgender Students
The Biden administration’s recent regulation protects transgender students and outlines how schools must react to sexual assault and harassment allegations. Already challenged, the regulation might face further legal contention after the Supreme Court’s recent overturning of the Chevron deference.
Workers’ Rights
New laws providing for expanded overtime pay eligibility and employer accommodations for pregnant workers, as well as guidelines on workplace harassment, may now be vulnerable. Furthermore, brands franchising could be held responsible for labor law violations.
Electric Vehicle Support and Emission Limits
The Biden administration’s planned boost to electric vehicle sales and limit on gasoline-powered car emissions may face legal obstacles. Attorneys general and industry giants alike have lodged legal challenges against the Environmental Protection Agency’s (EPA) sweeping plans.
Corporate Climate Disclosures
The Securities and Exchange Commission’s (SEC) new requirement for publicly traded companies to disclose critical information about their carbon footprints and climate change threats now may be particularly susceptible to legal challenges.
Net Neutrality
New rules issued by the Federal Communications Commission (FCC) prohibit internet service providers from slowing down certain content or prioritizing content they are paid to speed up. However, these rules could now be contested in court.
Intellectual Property Rights
Issues surrounding patent infringement and other intellectual property claims might lead to renewed legal fights. The tech industry may see previous rulings questioned, as in the case of Google and speaker-maker Sonos.
Lab-developed Medical Tests
The classification and regulation of laboratory-developed tests (LDTs) as medical devices, relied upon for the diagnosis of serious conditions like cancer and Alzheimer’s disease, could face renewed legal challenges. The FDA’s jurisdiction over these tests is anticipated to be a key contention point.
In conclusion, the recent Supreme Court ruling overturning the Chevron deference is expected to have substantial effects on a broad range of regulatory policies. Time will tell how these challenges will unfold and what their ultimate impact on the American regulatory landscape will be.
