Opening Word document…

It generated mass instability.

Torres ’24 [Gerald; 2024; Professor of Environmental Justice and Professor of Law at the Yale School of the Environment; In the Wake of the Chevron Decision, “Instability rather than clarity,” https://environment.yale.edu/news/article/wake-chevron-decision] jchen

The decision in the Loper case overturned a 40-year-old precedent that permitted agencies to resolve statutory ambiguities without excessive judicial oversight as long as the agency interpretation was reasonable. That deference is now gone. It should be noted that reliance on the Chevron doctrine had declined, and the court, in many ways, merely confirmed the emerging law. The difficulty with the decision is that it introduces rules that will likely produce instability rather than the clarity the majority claimed to be providing. While agency interpretations will be considered with appropriate respect, when courts review agency actions, agency determinations will no longer be given the deference they had enjoyed.

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