DG Digest: Supreme Court overturns Chevron, limiting regulatory oversight.

The Supreme Court of the United States has overturned the decades-old “Chevron Doctrine.”

The coming week features the 4th of July holiday. It’s a good time to think about travel safety, since media reports indicate that a record number of Americans may be out on the road during the next ten days or so. If you plan a holiday drive, think about the basics—check your vehicle for safe operation, keep an eye on weather and traffic statuses, be sure to get enough rest while traveling, and most of all, bring your patience! Enjoy your trip but do so with an eye to safety. Here’s the previous week’s news:

SCOTUS

In news whose impact on the regulatory world will soon begin to be felt, the Supreme Court of the United States overturned the decades-old “Chevron Doctrine.” Many in the federal executive branch viewed that 1984 vintage doctrine, which established the precedent that during regulatory related litigation, judges were obliged to defer to the interpretive expertise of administrative officials in relevant regulatory agencies as part of the process of adjudicating cases, as the “legal underpinning of the administrative state.” Many in the private sector held that it was unfair to plaintiffs and biased judges against finding for plaintiffs that desired mitigating action to try to relieve burdens they allege were brought on by regulatory activity. Whichever side one falls on in terms of how one viewed the doctrine, its overturning will have a major and at least for now, unknowable impact on how the federal regulatory structure is adjudicated. We will all find out together how this will change things. Find out more at the news link here:

Supreme Court just made it harder for federal agencies to regulate in sweeping ruling : NPR

PHMSA

The agency is asking for comment regarding de minimis quantities of explosives in transport. PHMSA wishes to solicit information from hazardous materials (HAZMAT) shippers pertaining to what small quantities or low concentrations of explosives they offer for transport appear to present a low risk to life, property, and the environment. This is in conjunction with potential future regulatory action in this area. Interested parties are invited to submit comments on or before September 26, 2024. Find full details here.

Civil Monetary Penalties

A number of agencies published inflation related adjustments to their fee structures for civil penalties related to regulatory infractions. See the actions here:

DHS: 2024-14121.pdf (govinfo.gov)

USCG: 2024-14121.pdf (govinfo.gov)

TSA: 2024-14121.pdf (govinfo.gov)

OSHA

The agency asked for comment on a forthcoming ICR related to the use of Personal Protective Equipment (PPE) in general industry. See details here.

A second comment request asks for input on an ICR related to the testing and certification of slings. See this action here.

In yet a third ICR action, the agency asks for comment  on a survey regarding its monitoring of occupational injuries and illnesses in industry. See more information here.

Last but not least, the agency also published an ICR related to electrical safety standards. See further information about this action here.

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