♪♪♪ >> ERIC: EARLIER TODAY, THE U.S. SUPREME COURT NEARLY COMPLETED THEIR TERM, ISSUING SEVERAL LANDMARK DECISIONS INCLUDING THE JANUARY 6TH OBSTRUCTION CASE.

THE COURT ALSO OVERTURNED THE SO-CALLED CHEVRON CASE, AND THE REVERSAL OF THAT 1984 DECISION NOW LIMITS THE REGULATING POWER OF FEDERAL AGENCIES.

HERE WITH US NOW FROM THE NILAN JOHNSON LEWIS LAW FIRM BASED HERE MINNEAPOLIS, ATTORNEY JOE SCHMITT.

COUNSELOR, THIS REDESIGNS WHO HAS POWER OVER REGULATIONS THAT CONGRESS PASSED BUT MAYBE A LITTLE AMBIGUOUS AND IT TAKES AWAY THE POWER OF THE AGENCY TO WRITE THE RULES AND SENDS IT TO THE COURTS.

IS THAT A FAIR SYNOPSIS?

>> IT ALLOWS THE AGENCIES TO DRAFT THE RULES, BUT IN DETERMINES WHETHER OR NOT THE RULES ARE GOING TO BE ENFORCED, THE COURTS WILL SUBSTITUTE THEIR OWN JUDGMENT AS TO WHETHER OR NOT THOSE REGULATIONS ARE A FAIR INTERPRETATION OF CONGRESS'S INTENT.

>> Eric: WHY IS IT A BIG DEAL?

>> BECAUSE THERE ARE MANY REGULATIONS THAT COURTS HAVE DEFERRED O AGENCY JUDGMENT.

THERE'S 17,000 COURT DECISIONS IN WHICH CHEVRON HAS BEEN CITED IN A COURT IN DEFERRING TO AN AGENCY REGULATION.

ALL 17,000 OF THOSE CASES COULD NOW BE REVISITED AS COURTS ASSESS WHETHER O DEFER TO THE AGENCY'S JUDGMENT OR SUBSTITUTE THEIR OWN JUDGMENT AND HOLD THAT THE REGULATION SHOULD BE OVERTURNED.

>> Cathy: OKAY, SO SOUNDS LIKE THERE COULD BE SOME SIGNIFICANT RIPPLES TO THIS DECISION.

>> ABSOLUTELY.

THERE ARE A NUMBER OF AREAS IN WHICH REGULATIONS COULD BE REVISITED IN A WAY THAT WOULD IMPACT MINNESOTANS AND REALLY PEOPLE ALL ACROSS THE UNITED STATES.

>> Cathy: WHAT KINDS OF DECISIONS MIGHT BE RELOOKED AT IN TERMS OF ENVIRONMENTAL DECISIONS, EMPLOYMENT, GIVE US A SENSE.

>> THOSE ARE TWO BIG AREAS IN WHICH WE MIGHT SEE SOME CHANGES.

SO TO TALK ABOUT ENVIRONMENTAL AREAS FOR A MOMENT.

THERE ARE A NUMBER OF REGULATIONS THAT HAVE BEEN PASSED BY THE E.P.A., THAT COURTS MAY NOW REVISIT WHETHER THOSE REGULATIONS SHOULD BE ENFORCED OR WHETHER THOSE REGULATIONS SHOULD BE STRUCK DOWN.

REGULATIONS SUCH AS WETLAND CONSERVATION.

WHICH OBVIOUSLY COULD IMPACT MINNESOTANS.

OR CLEAN AIR ACT REGULATIONS, RESTRICTSES ON EMISSIONS.

OR RESTRICT REGULATIONS PROTECTING PARTICULAR SPECIES UNDER THE ENDANGERED SPECIES ACT.

SO THOSE ARE ALL THINGS THAT COULD IMPACT PEOPLE.

IN THE EMPLOYMENT AREA, WE COULD EE REVISITING OF A NUMBER OF REGULATIONS.

MOST IMMEDIATELY, THE BIDEN ADMINISTRATION DEPARTMENT OF LABOR HAS ISSUED NEW REGULATIONS THAT WOULD RESTRICT BUSINESSES' ABILITY TO DENY OVERTIME TO THEIR EMPLOYEES.

AND THERE ARE CHALLENGES TO THAT REGULATION RIGHT NOW IN FRONT OF TEXAS COURTS.

AND IF THE TEXAS COURTS DON'T DEFER TO THE DEPARTMENT OF LABOR, THEY COULD STRIKE DOWN THOSE REGULATIONS.

AND MEAN THAT FEWER PEOPLE GET OVERTIME.

>> Eric: IS THIS A SITUATION WHERE IT'S IDEOLOGICAL, IN OTHER WORDS, THE PEOPLE IN POWER DON'T WANT TO GIVE IT UP.

THE PEOPLE OUT OF POWER DON'T WANT THEM TO BE ABLE TO BE SO POWERFUL?

>> YES, IRONICALLY OF COURSE THE CHEVRON WAS CASE WAS DECIDES IN 1984 UNDER THE REAGAN ADMINISTRATION AND ORIGINALLY WAS A DECISION THAT PROTECTED A LOT OF REAGAN ADMINISTRATION REGULATIONS.

AT TIMES -- WAS SOMETHING THAT REPUBLICANS REALLY LIKED.

IN FACT, ANTONIN SCALIA, THE LATE SUPREME COURT JUSTICE, REALLY CITED CHEVRON APPROVINGLY BECAUSE IT PROTECTED CONSERVATIVE REGULATIONS.

NOW OF COURSE OF COURSE THE SHOE IS ON THE OTHER FOOT.

AND WHEN THE BIDEN ADMINISTRATION IN OFFICE, THERE ARE A NUMBER OF REPUBLICAN CHALLENGES TO BIDEN ADMINISTRATION REGULATIONS.

>> Cathy: WHAT ARE BUSINESSES TO DO ABOUT THIS?

DO YOU HAVE ANY IDEA?

>> IT'S A GREAT QUESTION.

AND I WISH I HAD AN ANSWER THAT -- WITH A CRYSTAL BALL.

BUT WHAT BUSINESSES HAVE TO DO IS TO CONTINUE TO MONITOR, NOW, NOT ONLY WHAT THE REGULATORY GENCIES ARE OING, BUT ALSO WHAT THE COURTS ARE DOING.

I ANTICIPATE A FLOOD OF LAWSUITS FILED IN VARIOUS COURTS, INCLUDING IN PARTICULAR IN TEXAS, WHERE A NUMBER OF BUSINESSES AND CONSERVATIVE ADVOCACY GROUPS HAVE FILED CHALLENGES TO BIDEN ADMINISTRATION AND PREVIOUSLY OBAMA ADMINISTRATION REGULATIONS.

AND THOSE TEXAS COURTS HAVE BEEN VERY SKEPTICAL, SHALL WE SAY, OF THOSE REGULATIONS AND HAVE ABOUT ILLING TO STRIKE THEM DOWN.

SO NOW THE -- MY CLIENTS, THE BUSINESSES HAVE TO PAY ATTENTION NOT ONLY TO WHAT THE LEGISLATURE'S DOING AND WHAT THE REGULATORY AGENCIES ARE DOING, BUT ALSO WHAT THE COURTS ARE DOING.

>> Eric: YOU EXPLAINED IT VERY WELL, JOE.

THANKS FOR COMING OVER.