01-07-Report

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Excerpt from www.motortrend.com

Let’s take a second to talk about U.S. governmental control, and the impact that its overreach has on the automotive aftermarket, especially in the performance sector. Regardless of whether you vehemently agree or disagree with federal regulations that are imposed on hot rods and the huge network of large and small businesses that conceptualize, create, and distribute products for the vehicles we love, it’s no secret that there are instances where the Environmental Protection Agency—the perceived “almighty” since its inception in 1970—goes too far when it comes to applying its regulatory thumb on aftermarket businesses that produce parts for modifying our vehicles.

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Excerpt from www.agri-pulse.com

A South Dakota farmer seeking review of a wetlands determination may be one of the first beneficiaries of the Supreme Court’s decision overruling the 40-year-old Chevron doctrine, which required courts to defer to agency expertise when laws passed by Congress are not explicit.

He’s not the only one. Following the June 28 decision, the court granted eight other petitions and remanded those cases to lower courts, including one about a National Labor Relations Board ruling.  And in the wake of its decision in Loper Bright Enterprises v. Raimondoa flurry of lawsuits already in the works were filed that seek to take advantage of the court’s decision.

Environmental and public health advocates warn of confusion in the federal courts – and at federal agencies – over how the limits of agency authority will be defined. They also say the new legal regime will force Congress to give agencies more specific direction in the laws it passes, a job that Congress, without the phalanx of scientists and technical experts that federal agencies have, is ill-equipped to handle. Lastly, they say the court’s decision gives judges – also not subject matter experts for every complicated case that comes before them – too much power.

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Excerpt from martech.org

U.S. Supreme Court rulings don’t often impact marketing, but a decision handed down last month likely will. Lober v. Raimondo sharply curtails the power of federal regulators — like the FTC and FCC — saying federal courts should no longer defer to them when interpreting laws.

Chief Justice John Roberts said federal judges “must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.” The decision overruled the landmark 1984 decision in Chevron v. Natural Resources Defense Council, which said judges should defer to the executive branch when laws passed by Congress are ambiguous.

The new ruling increases the likelihood of people and brands winning lawsuits over regulatory decisions. And, of course, regulators created a lot of rules around advertising. Some of these are industry-specific, like disclosure requirements for the financial and pharmaceutical industries. Others are broader, like the FTC’s rulings around truth in advertising.