> figure out which ones were never litigated, and figure out how to defend it without Chevron.
I'm fairly certain the regulated entities will take this upon themselves and will create the lawsuits that provide the opportunity for the administrative agency to defend their position.
If they're that concerned, then they should get with Congress, and get a new law passed. This is precisely what Chevron was meant to create. Administrative agencies simply cannot unilaterally create and enforce law anymore.
The federal register grows every year by an exceptional amount. Congress really enjoys the fact that you believe, for no particularly good reason, that they "do nothing." It really clears the road for their rich friends agendas.
I'm fairly certain the regulated entities will take this upon themselves and will create the lawsuits that provide the opportunity for the administrative agency to defend their position.
If they're that concerned, then they should get with Congress, and get a new law passed. This is precisely what Chevron was meant to create. Administrative agencies simply cannot unilaterally create and enforce law anymore.