Recent SCOTUS Decisions Bring Notable Changes To The Regulatory Powers Of Federal Agencies

When the United States Supreme Court closed out its October 2023 term earlier this month, it handed down several decisions critical to the role of the U.S. Environmental Protection Agency (EPA) and other federal administrative agencies and regulators. Most notably, the Supreme Court:

• Overturned Chevron v. NRDC, a landmark administrative deference casethat directed courts to defer to regulators' interpretation of federal statutes.
• Expanded the six-year statute of limitations under the Administrative Procedure Act (APA), allowing aggrieved parties more time to bring claims for damages arising out of final agency actions and
• Limited regulators' power to seek civil penalties through administrative enforcement by providing regulated entities the right to demand jury trials in federal court for such actions.