The Journal of Federal Agency Action, in its November/December 2024 issue, published Joe Mazzarella’s article about the challenges involved in the regulatory oversight of AI against the backdrop of the US Supreme Court’s recent decision in Loper Bright Enterprises v. Raimondo. Joe says that while Loper, which reverses the long-held Chevron doctrine, raises serious concerns about the future ability of agencies to exercise their traditional discretion in interpreting statutory ambiguities, in the context of AI regulation, Loper does little to hinder regulatory power to ensure safety and mitigate danger. Rather, it requires Congress to be more explicit in the scope of the powers its wishes to delegate to one or more agencies.
10.9.2024