Chevron Doctrine Overturned I. SUMMARY OF OVERTURNING DECISION On June 28, 2024, the U.S. Supreme Court, in 6-3 decisions for both Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce, overturned the decades-old Chevron doctrine established in Chevron U.S.A., Inc. v. NRDC (1984). The Chevron doctrine allowed federal agencies to interpret ambiguous laws through regulation and enforcement, with courts deferring to these agencies’ expertise. Opponents argued that this was improper, and Chief Justice John Roberts, writing for the majority, stated that courts must now exercise independent judgment in determining whether an agency has acted within its statutory authority. Roberts in his 35-page ruling stresses that Chevron is “fundamentally misguided” and holds that the notion of Chevron deference conflicts directly with the Administrative Procedure Act (APA). The APA is a federal act that establishes how federal administrative agencies make rules and how they adjudicate administrative litigation. Roberts explained in his opinion that the APA explicitly directs courts to “decide legal questions by applying their own judgment” which in turn “makes clear that agency interpretations of statutes are not entitled to deference” in a similar fashion that agency interpretations of the constitutions are also not entitled to deference. This shift is expected to make it easier to challenge agency regulations and enforcement, significantly limiting the influence of agencies and their experts on the interpretation and implementation of laws. The Loper case was filed in the U.S. District Court for the District of Columbia. It was raised by a group of herring fisherman who argued that a federal regulation within a monitoring program by the Department of Commerce and National Maritime Fisheries Services was not expressly addressed in the Magnuson-Stevens Act (MSA). The requirement mandated professional fisherman to pay onboard observers to check compliance. The agency justified the mandate of federal observer wage due to the fact that the MSA grants the agency authorization to do what is “necessary and appropriate” to enforce their actions. It is important to keep in mind that Susan Aufiero-Peters SVP, General Counsel & Corporate Secretary, Northfield Bank Francine Diaz Summer Intern, Northfield Bank 12 chevron doctrine overturned
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