The Death Of Chevron Doesn’t Kill AI Regulation

Forbes July 22, 2024
Johanna Costigan

A severe blow to regulatory agencies’ power leveled earlier this month by the Supreme Court could have major ramifications for the United States’ nascent efforts to regulate artificial intelligence.

The Court decided in Loper Bright Enterprises vs. Raimondo to overrule landmark precedent from 1984: Chevron v. Natural Resources Defense Council. Per Chevron doctrine, courts were required to defer to agency interpretation.

When it comes to AI regulation, the Loper Bright decision therefore constitutes a clear but not quite decisive victory for those who believe over-regulation is the greatest danger of AI development and a loss for anyone who thinks the U.S. should pursue — not prevent — AI governance.

In the wake of the Loper Bright decision, it would be...

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