ANALYSIS: Post-Loper, Tort Litigation May Eat Regulatory Savings

The death of Chevron deference this year is expected to change the corporate approach to regulation. The US Supreme Court’s new decree in Loper Bright v. Raimondo—that courts must now find the “best” interpretation of a statute themselves—has been described as a boon for business.

Compliance with regulations is expensive, after all. Most corporations now have entire internal compliance programs. Less regulation, advocates say, decreases that expense.

But this view skips over two important considerations. First, the process itself of challenging regulations in court will be unpredictable—which is expensive for companies. Business favors predictability, ...