Chevron Doctrine Opponents Ask Justices to Usurp Agencies' Delegated Role

“The Chevron doctrine is a foundational legal principle that our nation depends on to ensure clean air, clean water, aircraft safety, food safety and more for millions of people. Today’s arguments clearly illuminate that the Supreme Court should preserve this long-standing precedent.

“The Chevron doctrine is the bedrock legal principle that courts should defer to Executive Branch agencies’ expert interpretations of Congressional authority delegated under law when the statutory language is ambiguous and the interpretations are demonstrated to be reasonable. The Chevron doctrine has been in effect for forty years and in that time has been a guideline for the Supreme Court itself in scores of cases, as well as for lower courts, Congress, the Executive Branch, and the public.

“The Chevron doctrine provides that Congress, in enacting statutes, can entrust expert agencies with making reasonable decisions to ensure clean air for our families, taking action against consumer fraud, determining that cars and planes are fundamentally safe, and more. Without it, judges would be asked to second-guess reasonable decisions about technical issues affecting our nation's ability to protect sustainable fisheries, address the climate crisis, keep our food safe, and keep people safe in the workplace.

“As Justice Jackson stated during today’s argument, overturning the bedrock Chevron principle could mean that the courts – unelected judges – become ‘uber-legislators.’ (Transcript, page 69).

“It is profoundly disappointing and not surprising that industry forces responsible for extensive pollution are behind these cases, as reported in yesterday’s New York Times.

“Today’s Supreme Court arguments shined a spotlight on the widespread and serious stakes for our nation’s ability to protect the health and safety of the American people, and showed clearly why the Chevron doctrine should stand.”

            - Vickie Patton, General Counsel for Environmental Defense Fund

Today’s Supreme Court oral arguments were in in Relentless v. Dept. of Commerce (No. 22-1219) and Loper Bright Enterprises v. Raimondo (No. 22-451). Environmental Defense Fund is the only environmental group to file amicus briefs in both cases – here and here.