Department of Labor (DOL), Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB) regulations may receive less deference following a pair of U.S. Supreme Court decisions last term, including one involving an Environmental Protection Agency (EPA) rule.
The first of the decisions blocked the DOL Occupational Safety and Health Administration's vaccine-or-testing rule for large employers.
In a decision less familiar to some employers, the Supreme Court again took a dim view of agencies wading into new regulatory territory in a 6-3 June 30 decision, West Virginia v. Environmental Protection Agency.
The decision has a convoluted history: 27 states asked the Supreme Court to review the EPA Clean Power Plan to carry out the Clean Air Act, and the court granted a stay in 2016, preventing the rule from taking effect. The Trump administration then repealed the plan. A number of states challenged the repeal, and an appeals court vacated the repeal, even though others, including West Virginia, had intervened to defend the repeal. Then the Biden administration asked the appeals court to stay the decision to vacate the repeal while the administration considered whether to issue a new rule.
The Supreme Court first rejected the government's contention that no one could seek the court's review because no one was adversely affected by the plan, which never took effect. Vacating the repeal of the Clean Power Plan purportedly brought it back into legal...
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