Chevron’s End Raises Bar For Agencies’ Rules Amid Policy Uncertainty

Funk’s views were echoed by the free-market R Street Institute, which concludes in a June 28 analysis that while Chevron’s demise “will delight many legal nerds, we shouldn’t overestimate its practical effect. . . . The fact that the Supreme Court has previously limited the doctrine means that getting rid of the rest of it will have a smaller effect.”

Also, the same factors that gave rise to Chevron — including the ambiguous nature of federal law — “are still present and will still play out no matter what the official doctrine says.”