​Chevron deference may face changes but not complete repeal by the Supreme Court

The Supreme Court is poised to decide on the future of Chevron deference, a key doctrine for federal agencies, with potential significant changes expected instead of a full repeal.

Pamela King reports for E&E News.

In short:

• The Supreme Court is reviewing Chevron deference, a 40-year-old legal principle allowing federal agencies to interpret unclear laws.
• Justices may choose to limit the doctrine rather than overturn it, potentially setting new precedents for lower courts.
• Legal experts predict significant impacts on future regulatory cases if the doctrine is weakened.

Key quote:

“We cannot expect—and agencies working on rules now cannot expect—courts to defer to them in the future in the way that they deferred under Chevron.”

— Lisa Heinzerling, Georgetown University law professor

Why this matters:

Changes to Chevron deference could restrict the ability of federal agencies like the EPA to enforce regulations, impacting health and environmental policies nationwide. Read more: Supreme Court undoing 50 years’ worth of environmental progress.