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The Supreme Court overruled the Chevron Deference. This ruling has existed for 40 years. It was the courts letting regulatory agencies of the US government decide about ambiguous situations. The courts would decide about facts but let the agencies interpret many things.
The Agencies are not allowed to make things up as they go along. Congress creates laws and was letting the Executive Branch through agencies determine how to interpret things. Now, the judicial branch has taken back its power as interpreter of laws. If laws are unclear then either the judicial branch makes it clear or kicks it back to Congress to work and agree on clear laws. If Congress is unable to agree on some of the laws then there will be no law or regulation in those specific cases.
The Courts will interpret anything ambiguous or undefined or require Congress to specify. The agencies do not get primacy in these interpretations. Power and the work goes to the courts and Congress. Congress will have to do more work and get more detailed agreement on laws. Interpretation of the law will by the courts.
Electric vehicle regulations are most at risk.
Powerplant regulations are at risk.
Climate regulations that were poorly defined will go to the courts and to Congress.
Healthcare and labor laws, communication technology and many other areas are impacted.
Companies and US states can challenge poorly defined areas will enable clawing back power and pushing back on agencies.
The new situation is that the agencies still do everything explicitly authorized by Congress. However, the agencies and bureaucracy cannot go beyond explicit authorization of their own.
This means for self driving cars and driver assist then the Department of Transportation NHTSA cannot regulate driver assist and self driving cars without creating a standard for driver assist and self driving cars. The Congressional authorization is that the NHSTA must create the standard and then force compliance to that standard. The NHTSA has been lazy and has been giving itself authorization to just decide to regulate everything about cars even without creating the standards to inform companies what compliance is needed.
This is across all of the government where regulations were being made without getting that explicit authorization by Congress. The Environmental Protection Agency chose on its own to extend its pollution control authorization to include carbon dioxide.
Brian Wang is a Futurist Thought Leader and a popular Science blogger with 1 million readers per month. His blog Nextbigfuture.com is ranked #1 Science News Blog. It covers many disruptive technology and trends including Space, Robotics, Artificial Intelligence, Medicine, Anti-aging Biotechnology, and Nanotechnology.
Known for identifying cutting edge technologies, he is currently a Co-Founder of a startup and fundraiser for high potential early-stage companies. He is the Head of Research for Allocations for deep technology investments and an Angel Investor at Space Angels.
A frequent speaker at corporations, he has been a TEDx speaker, a Singularity University speaker and guest at numerous interviews for radio and podcasts. He is open to public speaking and advising engagements.
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