> if it's overturned
They have, in effect, already done so with W. Virginia vs EPA.
" a “reason to hesitate before concluding that Congress” meant to confer such authority. This is one such case, so the EPA must point to “clear congressional authorization” for the authority it claims. It cannot do so."
https://www.oyez.org/cases/2021/20-1530
It goes far beyond this, and has already been used by lower courts to slap down ATF bump stock and pistol brace interpretations outside of strict congressional direction.
I wrote at the time that eventually this will lead to a reduction of the federal government to 1/3 or less of its current size.