Supreme Court Gives Unaccountable Judges Power Over Agency Actions, Overturning 40 Years of Precedent

WASHINGTON – The Supreme Court, in the twin cases of Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo, today overturned the doctrine of Chevron deference.

That longstanding administrative law principle held that when a law is vague, a federal court should “defer” to a federal agency’s interpretation of the law, as long as it is reasonable. The Court rejected its earlier precedent, allowing judges to substitute their own views when reviewing actions by the Environmental Protection Agency, the Department of the Interior and other agencies.

The following is a statement from David Doniger, senior attorney at NRDC (Natural Resources Defense Council):

“This is a profound change, and a terrible one. It's part of this Court’s broad, concerted effort to make it harder for our government to function.

“Whether they're making food safer, air cleaner or safeguarding prescription drugs, agencies need to be able to respond to complex problems the modern world throws at us. This decision is profoundly destabilizing and leaves policy – and public health – up to the individual preferences and political biases of unaccountable judges.”

Here is a background blog on the Chevron doctrine and its importance. 

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Beijing and Delhi (an office of NRDC India Pvt. Ltd).