Loper Bright as Evidence of Unlawful Regulations

Eli Nachmany organized and contributed to a Yale Journal on Regulation: Notice & Comment symposium on Senator Eric Schmitt’s Post-Chevron Working Group Report. Eli had participated in a panel for the Working Group and his scholarship was cited in the final report. His blog post contends that “the political branches’ initial engagement with Loper Bright indicates that the ruling may be perceived as more than just a change in the judicial branch’s approach to regulatory litigation. The Working Group Report (as well as recent executive action by President Trump) sees Loper Bright as something else: evidence that the Code of Federal Regulations is littered with unlawful regulations that are inconsistent with their respective underlying statutes—and therefore must be repealed.”