"If Chevron is overturned or modified in a significant
way by the Court, some impacts will be immediate," the writers
state. "For one, it will affect current litigation, such as
the lawsuits that have been filed to challenge the Department of
Labor's independent contractor rule, the Davis-Bacon reform
rule, and the ESG investing rule."
The U.S. Supreme Court recently heard arguments regarding
whether it should reverse or modify the now famous (or infamous)
1984 case of Chevron U.S.A. v. Natural Resources Defense Council.
While that case and its numerous progenies over the last 20 years
have been subject to many interpretive nuances, at bottom the
decision instructed the courts to defer to federal agencies if the
enabling statute at issue was ambiguous and the agency's
interpretation was reasonable.
