After Scathing Kagan Dissent, Experts Warn of Fallout from Chevron Overturn

After Scathing Kagan Dissent, Experts Warn of Fallout from Chevron Overturn

June 28, 2024, Courthouse News Service

Kevin King’s commentary was included in a Courthouse News Service article about how the U.S. Supreme Court’s overturning of the Chevron doctrine opens the window for an increase in litigation against federal rules, as well as a potential chill on new ones.

Kevin said the ruling could impact how businesses calculate risk when considering how to comply with agency regulations: “Now that courts are no longer required to defer to agencies, it is more likely that courts will reach differing and sometimes incompatible conclusions about what federal statutes mean — leaving businesses exposed to a patchwork of interpretations that may be difficult to manage at times.”