Chevron Doctrine Sup. Ct. Ruling Could Upend Regs, Public Health, Safety, Tobacco, Pharma, Med Bills

'Chevron doctrine ruling a ‘gut-punch’ for US health and environment – experts,' The Guardian, July 5, 2024. Ed. Decision that overturned convention of deference to federal agencies could upend regulations on tobacco, drugs and medical bills.
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The supreme court decision that overturned the “Chevron doctrine” could upend regulations on everything from tobacco to pharmaceuticals to surprise medical bills, experts told the Guardian. The 40-year-old legal framework, the Chevron doctrine, once directed courts to defer to the expertise of federal agencies, such as the US Food and Drug Administration (FDA).

In a far-reaching decision, the court’s conservative supermajority held last week in Loper Bright Enterprises v Raimondo and Relentless Inc v Dept. of Commerce that the reverse should apply, with courts having the final say over even highly technical regulations. “This was a gut punch for health, safety and the environment in the US,” said Prof Lawrence O Gostin, an expert in health law and a professor at Georgetown Law’s O’Neill Institute.

“There’ll be no area where agencies act to protect the public’s health or safety or the environment that won’t be adversely affected by this ruling.”

Combined with a second, less high-profile ruling that expanded the time for people to sue agencies, experts said the end of the Chevron doctrine is certain to be felt in the everyday lives of Americans. For instance, the tobacco industry may have an easier time challenging controversial regulations on vaping products; drug makers could face new uncertainties as they invest millions in new research and development; and it may be easier for doctors to argue against rules that prohibit sending patients surprise medical bills.

In turn, agencies may divert funding from staff experts, such as scientists, to attorneys, who can defend their decisions. At the same time, the court’s opinion was cheered by big business and Republican allies. Senator Mitch McConnell said the decision “leaves no room for an unelected bureaucracy to co-opt this authority for itself”, CNBC reported...
https://www.theguardian.com/us-news/article/2024/jul/06/chevron-doctrine-supreme-court-ruling