Yesterday's ruling is the latest of several decisions that sap bureaucratic powers in areas in which Congress hasn't given detailed marching orders.
A 6-3 ruling Monday from the court's conservative majority brings even more jeopardy for expansive executive rules.
The case, Corner Post v. Board of Governors of the Federal Reserve System, is about debit card fees. But it could enable challenges to various kinds of existing rules, analysts say.," which could constrain recently issued climate regulations still in court, and future policies.Right before Chevron, SCOTUS stayed a recent EPA air pollution rule while challenges play out — a move that some analysts say could spell trouble for other new agency policies.
But liberal justices and green groups, among others, say the court is preventing agencies and their technical experts from acting on emerging and evolving risks.ClearView Energy Partners, in a note, says the Loper Bright and Corner Post cases have together changed the landscape.
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