The Equal Protection Project (EPP) submitted a comment to the United States Department of Housing and Urban Development (HUD) on Wednesday regarding a proposed rule change to roll back its regulations on “differential effects” liability. As EPP explains in its comment, there are three primary justifications supporting HUD’s proposed rule doing away with its differential effects regulations:The first is the Supreme Court’s 2024 decision in the Loper Bright case. As a result, HUD’s prior disparate impact rules, HUD’s interpretation of the FHA, and the codification of those interpretations, do not carry deferential weight. A reviewing court could conceivably wholly reject HUD’s claims in prior rulemakings regarding differential effects. Accordingly, EPP supports HUD’s decision to pursue rulemaking to remove its discriminatory effects regulations.