For Harvard Business Review today, Blair Levin and I review two recent decisions by the U.S. Supreme Court that have dramatically shifted power away from federal regulators and to the federal courts, most notably in overturning the Chevron doctrine, which, since 1984, has been cited over 15,000 times in cases that reviewed challenges to regulations, most of them affecting businesses.

The conventional wisdom is that the Court’s about-face will improve the investment climate for business by limiting the ability of agencies to pass new regulations that either limit activities or require expensive compliance.

We argue the opposite, for reasons explored in the piece:

https://hbr.org/2024/09/the-end-of-the-chevron-doctrine-is-bad-for-business?ab=HP-hero-latest-text-2