James Tysse Talks Chevron Ruling on NPR Podcast

July 19, 2024

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In the episode “Goodbye Chevron, Hello Lawsuits!,” Akin Supreme Court & appellate partner James Tysse examines the real-world implications of the U.S. Supreme Court’s Chevron ruling for NPR’s podcast ‘The Indicator from Planet Money.’

“Agencies often get things right but, like anyone else, they often get things wrong. That can significantly impact individuals and small businesses” says James.

Under Chevron deference, Tysse tells NPR “Courts would have to defer to a reasonable agency interpretation of the statute.” In the aftermath of the Court’s decision, clients are seeking answers on the extent to which the ruling will affect challenges to agency rules and regulations.

“We have had a number of conversations, both before and after the decision came down and clients have wanted to know how this impacts them. In general, the answer is that it increases their chances of success because ties no longer [automatically] go to the agency.”

“Clients always want to ask lawyers ‘what’s my chance of success’ and they hate hearing 50/50, and so we never give them 50/50 but now it’s a little easier to give them 55/45 or 60/40,” says James.

To listen to the full episode, please click here

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