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July 1, 2024judicialadministrative lawChevronmajor questionsregulatory authorityjudicial

Major Questions Doctrine and Loper Bright force Biden agencies to defend regulations

Following the Supreme Court's June 2024 overturning of Chevron deference in Loper Bright and its ongoing application of the "major questions doctrine," the Biden administration faces a wave of new legal challenges to existing and proposed regulations. Affected rules include EPA clean air standards, SEC climate disclosure rules immediately challenged and paused, FTC noncompete ban struck down, SAVE student loan plan blocked, DOL overtime rule overturned in Texas court November 2024, net neutrality rules vacated by 6th Circuit, and dozens of others. The administration argues the rulings represent a coordinated conservative legal campaign to strip Congress's delegated authority and dismantle the regulatory state, requiring new legislation to restore.