With the demise of Chevron deference, regulated entities are increasingly emboldened to challenge U.S. Environmental Protection Agency regulations more aggressively. Judges now have more latitude to question whether the EPA’s actions fall within their statutory authority, according to environmental law experts.
This shift comes in the wake of the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, which overturned the 40-year-old precedent requiring judges to defer to federal agencies’ reasonable interpretations of ambiguous laws. Robert Glicksman, a law professor at George Washington University, noted that the EPA will “face a much more skeptical federal judiciary.”
The original article detailing these developments can be accessed here.