The overturning of the so-called Chevron deference by the US Supreme Court will arguably reshape the way federal agencies interpret laws and regulate a broad range of businesses, Bracewell’s Jeff Holmstead told Inc. Magazine.
“There’s been a critique that Chevron has given far too much power to regulatory agencies, and has also given Congress an incentive not to deal with difficult issues — basically to just kick those issues over to agencies, and let agencies decide,” Holmstead said.
Chevron opened up a Pandora’s box regarding the rulemaking power of federal agencies, according to Holmstead.
“Under our constitutional system, the role of federal agencies is simply to implement the decisions made by Congress, not to legislate in their own rights,” Holmstead concluded.
