"The U.S. Supreme Court is expected to rule soon on whether to overturn the Chevron doctrine, a landmark precedent that has stood for 40 years. Scrapping the doctrine could have major impacts on regulation in such areas as pollution, climate change, and endangered species."
"What will it mean for policymaking on environmental and other issues, practically speaking, if the U.S. Supreme Court jettisons the Chevron doctrine?
This question is on the minds of legal observers and environmental advocates as they wait for the justices to decide two consolidated cases in which the court has been asked to overrule the famous precedent that has stood for four decades. That ruling, in the 1984 case Chevron v. National Resources Defense Council, says that where Congress has not expressed itself clearly, leaving gaps or ambiguities in federal statutes, agencies should be allowed to adopt the interpretation they prefer, so long as that interpretation is reasonable.
The cases now before the Supreme Court — Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce — were brought by commercial fishing groups challenging a National Marine Fisheries Service rule, and a decision is expected in the coming weeks. If the court decides to scrap the Chevron doctrine, it could have major implications for environmental policymaking and regulation on issues ranging from air pollution and climate change to clean water rules, public lands management, endangered species protection, and more."
Jody Freeman reports for Yale Environment 360 June 12, 2024.
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