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The Fall of Chevron Could Mean Successful Challenges to Rulemaking and an Increase in Subregulatory Guidance
Thompson Hine LLP via Lexology; registration required 
July 5, 2024 "[A]gencies [may] conclude that in at least some cases a robust rulemaking process is not worth the effort, resulting in fewer rulemaking projects and an increase in the pace and volume of subregulatory guidance, particularly following enactment of new laws or a change in administration. Over time, we may also see the courts develop layers of deference under Skidmore, which could then re-incentivize agencies to engage in a robust rulemaking process." [Loper Bright Enterprises, Inc. v. Raimondo, Sec. of Comm., No. 22-451 (S. Ct. Jun. 28, 2024)] MORE >> |
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