It's been a busy few weeks for the Supreme Court. Among the decisions that are being hailed as the most significant in decades, the court issued Loper Bright v. Raimondo, overturning the 40 year old Chevron Doctrine, which directed courts to defer to an agency's interpretation of their authorizing statutes.
What does fishing for herring (the fact pattern of Loper Bright) have to do with developing outer space? A lot, actually.
While space exploration began 67 years ago with the launch of Sputnik, the rules regulating commercial activities in outer space in many ways are just now being written. Agencies from the Federal Communications Commission (FCC) to the Federal Aviation Administration (FAA) to the National Institute of Standards and Technology (NIST) all have open proceedings affecting outer space. And without Chevron deference, all of these agency actions may be subject to challenge.
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