On August 30, 2024, Harley Geiger was interviewed by Utility Security for a Q&A on how the recent Chevron ruling may impact utility cybersecurity. According to the article, the decision has set the stage for significant changes to be made to federal regulations across a number of industries.
Geiger explained the importance of the Supreme Court’s decisions in Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce, “the opinions overturned the long-standing ‘Chevron doctrine,’ under which courts previously deferred to agency interpretations of ambiguous laws.” He added that, “the ruling will likely result in increased judicial scrutiny over regulatory decisions, directly affecting cybersecurity rules and enforcement actions by agencies like the Federal Trade Commission (FTC) and critical infrastructure regulators.”
“While digital security regulations won’t disappear, they are now more prone to court challenges where agency interpretations have unclear statutory backing,” Geiger added. “Future rulemakings and enforcement actions will need to be more narrowly scoped to statutory authority to be best positioned to avoid judicial modifications.”
He also shared some recommendations for organizations navigating these changes. “We are advising our clients not to make any big changes at this time,” said Geiger. “The real effect of the post-Chevron environment will not really manifest until court cases have worked their way through the system—and that will take some time.”
Click here to access the article.