Understanding Loper: The Grandfather Clause
Legal Planet: Environmental Law and Policy 2024-07-11
Summary:
To cushion the shock of abandoning Chevron, the Supreme Court created a safe harbor for past judicial decisions. This was well-advised. The Court itself applied Chevron at least seventy time, as did thousands of lower court decisions. The key question will be the scope of the grandfather clause. The Court’s discussion began by saying that …
Continue reading "Understanding Loper: The Grandfather Clause"