3. Loper Bright: How a Little Boat Made Big Waves

About this episode

The episode discusses the implications of the Loper Bright case and the Chevron doctrine on regulatory power and decision-making.

Federal agencies expanding their power beyond congressional intent? Unelected bureaucrats making policy decisions? Regulatory whiplash?! According to the litigants urging the Supreme Court to strike down the Chevron doctrine in the Loper Bright case, those were the harms Americans would continue to face if Chevron deference were allowed to continue. But striking down the pivotal legal principle that had been in place for 40 years would bring its own risks, defenders of Chevron argued. Scientific and technical decisions would need to be made by judges with no specialized expertise. Regulatory uncertainty would soar, as thousands of existing rules face new challenges. And the Supreme Court itself could be forced to become, as Justice Ketanji Brown Jackson put it, "uber-legislators." In part two of our episode on Loper Bright, the high court ostensibly considers the plight of the herring fishermen, but actually looks to decide whether to abandon the Chevron doctrine once and for all.Stylebook flag Featured Guests: Ryan Mulvey, counsel with the Cause of Action Institute Jeff Kaelin, director of sustainability and government relations at Lund’s Fisheries Wayne Reichle, President of…

People in this episode

Guests: Ryan Mulvey, Jeff Kaelin, Wayne Reichle, Gillian Metzger, Lydia Wheeler, Greg Stohr

Topics covered

• regulatory power
• Supreme Court
• Chevron deference
• fishing industry
• legal principles
• bureaucracy
• policy decisions

Keywords

• Chevron doctrine
• Loper Bright
• Supreme Court
• regulatory power
• bureaucracy
• fishing industry
• legal principles
• policy decisions

Mentioned in this episode

Organizations: Cause of Action Institute, Lund’s Fisheries, Columbia University, Bloomberg Law, Bloomberg News

Books & works: Chevron doctrine

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