The Demise Of Chevron Deference

In Loper Bright Enterprises v. Raimondo, the U.S. Supreme Court dealt a fatal blow to the Chevron doctrine, ushering in a new era of regulatory practice. On June 28, 2024, the Court handed down a 6-3 decision that overruled Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which served as a cornerstone of administrative law for 40 years.

About the Chevron Doctrine

In 1984, the Court developed the Chevron doctrine, a two-step process to determine whether an agency applied a reasonable interpretation to an ambiguous statute. Chevron concerned a Clean Air Act (CAA) regulation passed by the U.S. Environmental Protection Agency (EPA) that involved the scope of a permit program. Specifically, the Court addressed whether EPA's interpretation of "stationary source" under the CAA should receive judicial deference. Courts applied the Chevron doctrine when an agency action carried the force of law, such as notice-and-comment rulemaking and