Whether the U.S. Supreme Court will curtail or completely overturn federal courts’ ability to defer to federal agency experts when their rules to interpret ambiguous U.S. laws are legally challenged remains the looming question after oral arguments held Jan. 17 in two cases against the nearly 40-year old precedent.
Either way, the high court decision expected in June will have a real impact on agency decisions particularly in environmental, energy and labor regulation, says a former U.S. Justice Dept. attorney who spoke to ENR.