Title: Six Months On: Unpacking the Loper Bright Fallout
Six months post the landmark Supreme Court decision in Loper Bright Enterprises v. Raimondo, the legal and business world is still reeling from the aftershocks. The ruling, which effectively struck down the Chevron doctrine, has significantly reshaped court approaches towards administrative regulations, prompting a reassessment from businesses and industries.
The post-Loper landscape is marked by increased judicial scrutiny of agencies' actions, especially in areas with ambiguous statutory authority. Court cases citing Loper saw regulations being struck down or halted, signaling a new paradigm where federal courts are examining agency actions with unprecedented rigor.
For instance, the Federal Communication Commission's (FCC) interpretation of the Telephone Consumer Protection Act (TCPA) has been weakened as a result of Loper. Trade groups have challenged FCC regulations clamping down on robocalls and texts, leading to a halt in their implementation.
California's district court is also facing a Supreme Court challenge concerning online faxes and the Telephone Consumer Protection Act. Meanwhile, various federal agencies are grappling with challenges to their longstanding rules, from dispute resolution procedures to net-neutrality policies.
The 6th Circuit Court of Appeals, in its recent ruling, held that the FCC lacked authority to impose net-neutrality policies. This further emphasizes the profound impact Loper is having on regulatory bodies, compelling them to tread carefully while avoiding the stretching of statutory language.
In this uncertain regulatory climate, industry self-regulation is gaining traction as a potential solution. Self-regulation permits industries to develop custom codes and conduct tailored to their specific needs, reducing reliance on potentially vulnerable regulatory frameworks.
BBB National Programs, an organization leading industry self-regulation programs, believes that self-regulation promotes competition and trustworthiness by establishing consistent standards. However, self-regulation must always prioritize consumer interests, emphasizing the importance of collaborative efforts with independent third parties.
As the legal landscape evolves in response to Loper, businesses are urged to engage actively with lawmakers and regulators to ensure clarity in statutory language and workable rules. Embracing self-regulation could help shape a dynamic regulatory environment that is adaptable and resilient to judicial scrutiny.
So, are you a chief executive of a successful nonprofit organization? If so, you are eligible to join the exclusive Our Website Nonprofit Council, fostering collaboration and knowledge-sharing among industry leaders.
Eric Reicin, a prominent figure in regulatory affairs, has been actively advocating for industry self-regulation in response to the Loper decision. His organization, Reicin Law PLLC, has been assisting businesses in understanding and navigating the new regulatory climate.
During a recent conference, Eric Reicin emphasized the importance of collaboration between industries and regulatory bodies to create workable rules that prioritize consumer interests. He highlighted the role of nonprofit organizations, such as BBB National Programs, in promoting self-regulation and establishing consistent standards within their industries.
