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Supreme Court overturns Chevron ruling, neutralizing federal regulators

MONews
5 Min Read

The Supreme Court on Friday issued a landmark ruling that could overturn a long-standing legal doctrine in the United States, impeding the ability of federal agencies to regulate all kinds of industries. Six Republican-appointed judges have voted to overturn a doctrine known as Chevron deference, which could affect everything from pollution limits to consumer protections in the United States.

Chevron’s deference allows courts to show deference to federal agencies when there are disputes about how to interpret ambiguous language in laws passed by Congress. This allows you to make more informed decisions by relying on the expertise of the organization. By overturning Chevron’s doctrine, the conservative-led SCOTUS decided that judges, instead of agency experts, should make the decision.

“Perhaps most fundamentally, Chevron’s assumption is wrong because the agency has no special ability to resolve legal ambiguities. The court is like that.” Chief Justice John Roberts wrote in his opinion:

The decision effectively deprives federal agencies of a tool they could use to act on pressing problems while Congress tries to keep up with new laws. For example, Chevron’s respect was shown when: Efforts to use the Clean Air Act of 1970 to prevent greenhouse gas emissions It causes climate change. Reversing it would be a huge win for lobbyists and anyone who wants to make it harder to crack down on industry through federal regulation.

“This is really going to trigger a kind of confusing period of federal courts trying to figure out what all these laws mean, and that could create a lot of inconsistency and confusion for agencies and regulators,” Jody Freeman, director of Harvard University’s Environmental and Energy Law Program, previously said. the berge when SCOTUS heard oral arguments on Chevron’s deference in January.

It was named Chevron’s Respect because of a 1984 lawsuit. Chevron USA, Inc. v. Natural Resources Defense Council (NRDC). In that case, the Supreme Court sided with Chevron over the environmental group NRDC, allowing the industry-friendly Environmental Protection Agency under Ronald Reagan to stick to a looser interpretation of the Clean Air Act. This shows that Chevron’s deference has been politically agnostic in the past, even though recent moves to overturn it have been consistent with a deregulatory agenda.

“If they kick out Chevron, the court is inviting unaccountable judges to freely impose their own policy preferences over those of their political groups – exactly what Chevron was trying to prevent.” David Doniger, senior counsel for the NRDC Action Fund and the attorney who litigated the 1984 case, said at a press conference earlier this month.

SCOTUS upheld the Chevron decision this year in two cases brought by the fishing industry (Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce). The plaintiffs challenged a federal rule requiring fishing companies to pay for observers who monitor their vessels’ operations, arguing that the National Marine Fisheries Service (NMFS) had no authority to actually force them to pay because it was not explicitly written into the Fisheries Conservation Act. The lower court upheld Chevron’s deference and upheld the order.

But there is much more at stake in these cases than fishing boats. Trade groups representing a wide range of interests National Gun Owners Association to electronic cigarette company Everyone tried to overturn or limit Chevron’s respect.

For example, here’s the fate of net neutrality in the United States: Connected with Chevron’s Respect. the court Previously deferred to the FCC How to define broadband. Would it be considered a communication service or an information service? If telecommunication, it is subject to the normal carrier rules and restrictions imposed on public services to ensure fair access. The FCC has shifted its position on the issue between the Obama, Trump and Biden administrations, and the agency decided in April to restore net neutrality rules.

The Supreme Court’s decision risks bogging down the courts with all these key questions, many of which they could have handed over to federal agencies, which they are not doing now.

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