> Now businesses must factor in the uncertainty of any random person launching a lawsuit that causes a local court to reverse a federal agency policy. Huge potential impacts to product / revenue, not just legal fees to fight everything
Businesses already have to deal with frequent litigation, including class-action lawsuits even in areas that overlap with regulatory agencies.
Quite to the contrary of what you are suggesting, reversing Chevron doctrine will allow the courts to develop a body of solid precedent surrounding these areas of law, and create a more stable legal framework, rather than the status quo of opaque, politicized agencies having the power to re-interpret their authority and change the regulatory environment at their own prerogative -- stare decisis doesn't apply to executive agencies, but it certainly does apply to the courts.
Businesses already have to deal with frequent litigation, including class-action lawsuits even in areas that overlap with regulatory agencies.
Quite to the contrary of what you are suggesting, reversing Chevron doctrine will allow the courts to develop a body of solid precedent surrounding these areas of law, and create a more stable legal framework, rather than the status quo of opaque, politicized agencies having the power to re-interpret their authority and change the regulatory environment at their own prerogative -- stare decisis doesn't apply to executive agencies, but it certainly does apply to the courts.