Bracewell partner Jeff Holmstead predicts that federal agencies will arguably change the ways they make regulations in the wake of the US Supreme Court’s overturning of the Chevron doctrine.
During the 40 years that the Chevron doctrine was in effect, said Holmstead, agencies would sometimes start “with a regulatory program in mind and then try to come up with a plausible” interpretation of existing law and hope the courts would find it permissible.
“Going forward, they’ll need to start with the statutory language and decide what Congress actually wanted them to do.”
