We are all digesting the recent SCOTUS decisions w/ direct impacts on how administrative agencies will discharge the responsibilities given them by Congress. After (and in accord with) the 1984 Chevron decision, Congress had continued to at least implicitly defer to agencies (via the courts' application of Chevron) to fill in technical, albeit often consequential, details to regulatory statututes in their regulations, so long as they didn't plainly contravene those statutes. Congress kept passing statutes with gaps to fill, and courts deferred to an agency's resolution of that statutory ambiguity (if reasonable). After the Loper Bright decision, the former will likely continue (given our political divides), but not the latter.
In Loper the Court interred Chevron and endorsed a return to deference under the 1944 Skidmore decision, in which courts make case-by-case (read 'ad hoc & inherently unpredictable') determinations regarding how much deference to give to an agency's particular rulemaking, based on the agency's ability to show that its regulation necessarily follows from a statute.
It's not the end of effective regulations, just a virtual guarantee of their postponement. So much the better if you tend to view all regulation as anti-competitive and thus bad; so much the worse if you tend to view regulations as necessary adjuncts to our free markets, curing their negative externalities (i e. what's not captured in prices). Of course, in the real world, your view will turn on whether your particular ox is being gored, and by whom.
Meanwhile, fortuitously, the god in charge of irony has given us a gift, in the form of a quickly-issued correction to another one of the high court's decisions, as noted in this NYT Op-Ed. essay by Penn Carey Law School's Prof. Kate Shaw:
"An error in one of this week’s opinions provided a stark illustration of the costs of the court’s lack of expertise: On Thursday, in the case dealing with the Environmental Protection Agency — Ohio v. E.P.A. — the released version of the majority opinion made five references to “nitrous oxide,” commonly referred to as laughing gas, rather than the “nitrogen oxide” compounds at issue. The error was quickly fixed, but no agency official working on the regulation of this compound would have made such an error — and in many ways that is Chevron’s whole point."
These days, we could all use at least a chuckle, whether artificially enhanced or not.
Let's go, ExxonMobil Baton Rouge! #WeAreExxonMobil 👏