The Resurgence of the Regulated Community
As the dust settles from a dynamic and high-stakes Supreme Court term that concluded last month, one clear victor has emerged: the regulated community. This diverse coalition spans various industries that, while they may not always see eye to eye, have found common ground in their shared resistance to expansive regulatory authority.
The culmination of this term was marked by three significant opinions that constrained the power of federal agencies, eliciting enthusiastic responses from stakeholders across the board. Trade associations representing these industries rallied together, filing numerous amicus briefs that urged the justices to reconsider a long-standing legal principle known as Chelsea deference. Under this doctrine, courts had traditionally shown deference to administrative agencies regarding interpretations of their own regulations.
How it’s pronounced: /ˈre-gyə-lā-təd kə-myü-nə-tē/
In their amicus filings, various groups voiced their concerns, noting, “For the past 15 years, our members and the wider regulated community have struggled under an unlawfully broad interpretation of a crucial statute by federal agencies. This overreach has imposed significant burdens in terms of compliance costs, lost business opportunities, and the financial strain of ongoing litigation to rectify this situation.”
This recent shift in judicial perspective could herald a new era for industries feeling the weight of regulatory overreach, as they seek to reclaim some measure of control over their operations and futures.
