How the NTSB May Operate, Post-Chevron

Transportation & Infrastructure attorney Benjamin Allen spoke to Politico Pro on the potential implications of the U.S. Supreme Court's decision to overturn the Chevron doctrine for National Transportation Safety Board (NTSB) regulations. Mr. Allen suggested this ruling could spark challenges to NTSB investigation guidelines, particularly from families involved in accidents, and increased scrutiny of the NTSB's authority to restrict information release during investigations. He said although he expects these challenges in the months ahead, they face significant hurdles, as the NTSB can demonstrate broad statutory authority over investigation participation and procedures.

"Now that Chevron is gone, I wouldn't be surprised to see plaintiffs try to challenge the NTSB decision not to allow family members to participate in investigations," Mr. Allen commented. "...By and large the statute is clear that the NTSB has the authority from Congress to determine who can participate in its investigations and how they are conducted."

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