Chevron Case May Significantly Increase Agency Burden

Washington: In this article by Bloomberg’s Suzanne Monyak, a significant but underappreciated side-effect of the pending SCOTUS decision in Loper Bright Enterprises v. Raimondo is raised: Agencies’ being deluged with lawsuits addressing their regulations. As discussed in this prior article by CRA’s Cody Carden Loper Bright, a case about Chevron deference could drastically alter the courts’ capacity to second-guess agency rulemaking. This will likely drive massive numbers of plaintiffs into court, challenging a rule-making process that, to this point, has been highly deferential to Agencies over the past 40 years. This is significant for CRA not only because we would be able to force the FDA to be more diligent in their rule-making, but also because the increased work-load on net would make the need for them to prioritize the most pressing issues all the more, and, as recommended by the Reagan-Udall Foundation, deprioritize premium cigar regulation, an issue which has not only consumed a disproportionate amount of their time, money, and which, even with the high level of deference granted to them under Chevron, has led to losses in federal court.

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Cody Carden

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