In Loper Bright Enterprises v. Raimondo, will the Supreme Court explicitly overrule Chevron U.S.A. v. Natural Resources Defense Council (Chevron), which requires courts to defer to federal agency interpretations of statutes?
Closing Jul 01, 2024 07:01AM UTC
"Chevron deference" is among the most important principles in administrative law in the US, though it has faced a great deal of criticism (Cornell - Chevron Deference, Politico). Fishing companies, including Loper Bright Enterprises, sued the federal government over an administrative rule requiring them to help fund a monitoring program, and appealed to the Supreme Court after losing in both district and circuit courts (Oyez). The fishing companies have asked if Chevron should be overruled or clarified as to statutory silence on certain matters (SCOTUSblog, Holland & Knight). A mere clarification under the existing Chevron framework would not count. The Supreme Court is expected to hand down its decision in its 2023 term, but if it does not, the question will close as "No." If the Court decides this case without addressing this question's particular issue of law, the question will close as "No."