Some Evidence That Deference To Agency Technical Decisions May Survive Loper-Bright

Late last month, I noted that the overturning of Chevron did not mean the end of judicial deference to agency expertise. Earlier this week, a decision by the D.C. Circuit Court of Appeals provided some confirmation that judicial deference to agency technical decisions is alive and well. In Huntsman Petrochemical v. EPA, the court rejected a challenge to EPA's emissions limitation for ethylene oxide.

The unanimous decision was made by a panel including two members originally appointed to the federal bench by Ronald Reagan (though it is true that Judge Judith Rogers was nominated for judicial appointments by both Democratic and Republic presidents – something that we may never see again in my lifetime!).