Supreme Court Chevron deference, Comer Post decisions: Trucking impact
Summary
The Chevron decision “gravely erred in concluding that the inquiry is fundamentally different just because an administrative interpretation is in play.” A second Supreme Court Case, Comer Post, Inc. v. Board of Governors, eliminated a six-year statute of limitations on corporate plaintiffs challenging federal regulations. "With the overruling of Chevron, agencies will get less deference from the courts in the way they interpret the often broad and ambiguous statutes through which Congress authorizes them to issue regulations," said ATA General Counsel Rich Pianka. U.S. Chamber of Commerce President and CEO Suzanne P. Clark concurred with ATA in a statement saying overruling Chevron "is an important course correction that will help create a more predictable and stable regulatory environment." The prior deference doctrine, she added, "allowed each new presidential administration to advance their political agendas through flip-flopping regulations and not provide consistent rules of the road for businesses to navigate, plan, and invest in the future. API’s lawsuit says EPA’s rule “exceeds the agency’s statutory authority and is otherwise arbitrary, capricious, an abuse of discretion, and not in accordance with law.” As with any legal decision as potentially momentous as Chevrons overruling, theres a lot thats unknown about the final ramifications at this point.