Following the Supreme Court conservative majority’s recent decision to overturn Chevron deference, new reporting in CNBC details how anti-regulation groups and business organizations are swiftly mobilizing to capitalize on the new regulatory landscape.

Not only has the conservative legal movement long been pushing for the downfall of Chevron deference, but key groups actually lined up challenges ahead of the ruling to immediately benefit from the new regulatory landscape they created. They’re wasting no time to ensure that corporations and special interests reap the rewards of this power grab ruling at the expense of everyday Americans. In the wake of Chevron deference being overturned, big corporations are moving quickly to strike down safeguards that don’t favor them but protect millions of ordinary people. Agencies will have more difficulty implementing climate solutions, addressing public health needs, ensuring workplace safety, and more. The impacts of this decision by the Supreme Court’s conservative majority will reverberate for years to come."

Caroline Ciccone, Accountable.US president

CNBC’s new report highlights a coordinated effort among key groups in the conservative legal movement to set strategies in motion even before Chevron was officially overturned. At the forefront of this movement is the newly formed Balancing Act Project (BAP), a national lobbying organization led by executives, including Trump’s 2017 transition team leader, Ken Nahigian. BAP was explicitly created to address the “power vacuum” it anticipated would be left by Chevron’s overturning.

Alongside this lobbying push, legal challenges are ramping up. The Pacific Legal Foundation (PLF) set in motion multiple lawsuits targeting regulations from agencies such as the Federal Trade Commission and the Department of Labor before Chevron was overturned, anticipating the new regulatory landscape. PLF has already requested the Supreme Court to remand one case in light of the Chevron decision and filed a motion to expedite another. Meanwhile, the Competitive Enterprise Institute (CEI), an anti-regulation nonprofit funded by conservative kingpin Leonard Leo, continues its ongoing efforts to challenge federal regulations. Recently, CEI-backed plaintiffs filed a lawsuit in the Northern District of Texas, challenging the Department of Energy’s authority to regulate water efficiency in consumer appliances.

Americans For Prosperity, the Koch-funded group behind the initial legal challenge to Chevron deference at the high court, is supporting multiple cases citing the nondelegation doctrine. This move potentially signals the next frontier in limiting agency power, as the group files amicus briefs in cases challenging various aspects of federal regulatory authority.

Accountable.US previously highlighted the Supreme Court conservative majority’s decision to overturn Chevron deference as a power grab ruling that gives activist judges the authority to rewrite rules in favor of corporations and special interests and paves the way for Project 2025’s extremist agenda. Accountable.US also exposed potential conflicts of interest involving Justices Gorsuch’s and Thomas’s cozy relationships with key parties working to overturn Chevron deference. 


back to top