With the demise of Chevron deference, regulated entities are emboldened to challenge—and judges more free to question—U.S. Environmental Protection Agency regulations as beyond the EPA’s statutory authority, environmental law experts said this week.
Their comments followed the U.S. Supreme Court’s decision last month in Loper Bright Enterprises v. Raimondo overturning what had been the justices’ 40-year-old holding that judges should defer to the federal agencies’ reasonable interpretations of their statutory authority when the governing law is ambiguous.
