What is the Chevron deference and why has it been overruled? (2024)

What is the Chevron deference and why has it been overruled? (1)Image source, Getty Images

Anthony Zurcher, Nada Tawfik, Lisa Lambert & Kayla Epstein

BBC News

  • Published

The Supreme Court in a 6-3 vote killed a legal precedent that conservatives have attacked for decades, known as the "Chevron deference".

"Today, the court places a tombstone on Chevron no one can miss," Justice Neil Gorsuch, one of the most conservative members wrote.

The deference, set in 1984 in a case involving the oil giant, gave federal agencies wide powers to interpret laws and decide the best ways to apply them.

In ending the deference, the conservative-majority court has slashed and severely weakened the powers of agencies including the Environmental Protection Agency.

The aftershocks of such a seismic decision will be felt throughout the federal government. Let's take a look at how we got here.

What was the Supreme Court case about?

While “Chevron deference” may sound like a chess strategy, it actually refers to a landmark Supreme Court ruling, Chevron v Natural Resources Defense Council.

The court decided in 1984 that judges should defer to federal agencies in interpreting ambiguous parts of statutes.

The idea was that if Congress passes a law where something is unclear - or there is a “gap” - it is up to an agency to fill in the gap.

In practice, that gave arms of the federal government such as the Environmental Protection Agency the freedom to create and implement rules without fear of protracted legal battles.

Then, in 2020, herring fishermen entered the chat.

That year the Trump administration began requiring that they cover the costs of taking federal monitors on fishing trips. The fishing vessels did not have a choice - it was illegal to fish without federal monitors on board to check on the Atlantic fishery, an area that extends from Maine to North Carolina.

They previously didn't pay for the monitors.

Commercial fishing companies - supported by conservative and corporate groups including the billionaire Charles Koch - sued in two separate cases.

In one, a federal judge ruled the National Marine Fisheries Service could legally impose the costs under the Chevron deference.

Who wins in throwing it out?

This is a big win for conservatives

For four decades, they have been working to overturn the precedent.

By giving executive agencies more freedom to implement laws, in the conservative view, it vastly expanded the power of the federal bureaucracy.

In areas like workplace safety, financial markets and the environment, courts – and, by extension, businesses contemplating legal challenges to regulations - had to yield to agencies' interpretations of laws.

The Supreme Court has been paring back agency power in recent years, saying there are “major questions” of policy that Congress must explicitly detail in order for agencies to take action on them.

“Chevron deference” as a legal principle, however, had endured, setting guidelines for lower courts to follow.

On Friday, the Supreme Court delivered the final blow.

Image source, Getty Images

Who loses?

This is a defeat for the Biden administration, which argued that throwing out the Chevron deference would be destabilising.

Liberal Justice Elena Kagan said that the ruling elevates the Supreme Court’s power over other branches of US government. The president, Congress and court are supposed to have equal power under the US Constitution, so by her reading the ruling is a loss for the White House, the House of Representatives and the Senate.

Advocacy groups and progressives also saw it as a setback for clean water, public health, fair lending, worker safety, and other areas where people rely on federal help.

The Asbestos Disease Awareness Organisation, for example, called the ruling "a monumental setback that will harm all Americans and profoundly impact our nation's environmental safeguards and public health protections".

"The court has set us on a path towards policy paralysis," it said.

Where do we go from here?

The ruling does not apply to past agency regulations and actions.

Looking to the future, corporations and others wanting to challenge agency rules will be heading to court and we can expect to see judges around the country now weighing in on what the federal government - and its bureaucracy - does.

Rules, requirements and penalties could all be stopped before they are implemented or overturned.

In the long-term, expect Congress to try to write more explicit instructions in its laws that lay out exactly how agencies will implement them. That could lead to confusion in large agencies carrying out different programmes - if Congress can actually pass those laws.

“The problem is many people think the Congress is quite dysfunctional now,” Philip Bobbitt, an expert on constitutional law at Columbia Law School, told the BBC.

“Where the court is going… seems to defy the realities of gridlock in the Congress as it's actually operating today."

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What is the Chevron deference and why has it been overruled? (2024)

FAQs

What is the Chevron deference and why has it been overruled? ›

Raimondo stating: “The Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled.”

What is the purpose of Chevron deference? ›

Chevron allowed federal agencies to have reasonable interpretations of ambiguous federal laws, giving agencies, and by extension, the President, the powers to legislate outside of Congress.

Was Chevron deference overturned? ›

The Supreme Court last week overturned a 40 year precedent. In a case brought by New England fisherman, the court reversed what's been know as Chevron deference. In the 1984 case, the courts said judges should generally defer to federal agencies when rules they make are reasonable, and the enabling law was ambiguous.

What does the overturning of Chevron mean? ›

In overturning Chevron, the Supreme Court majority concluded that the 1946 Administrative Procedure Act (APA) mandates courts to exercise their own independent judgment in interpreting statutes that are ambiguous or silent on key issues.

What was the outcome of the Chevron case? ›

In a 6-3 decision, with Justice Roberts writing for the majority, the Court concluded that Chevron deference should never have been used to begin with, overturning the Chevron decision. The Court made the following major points: Courts must use independent judgment to determine the meaning of federal statutes.

What is the Chevron deference rule statement? ›

The Chevron doctrine was a rule created by the Supreme Court in 1984. It said that when laws were unclear, federal courts should generally accept how federal agencies understood and applied those laws, as long as the agencies' interpretations were reasonable.

What is the significance of the Chevron? ›

The doctrine basically said that when a federal court finds that a statute contains no clear answer to an interpretive question at issue in a given case, it should give the benefit of the doubt to a reasonable interpretation favored by the agency that administers the statute.

What are some of the drawbacks of Chevron deference? ›

Some who say Chevron creates a risk of systematic bias argue that the decision gives agencies an unfair advantage when people challenge their decisions in court. Others who worry about bias following Chevron argue that agencies might try to expand their powers by working with individual members of Congress.

Who voted to overturn Chevron? ›

In one of the final opinions of its 2023-2024 term, the U.S. Supreme Court voted 6-3 to overturn the Chevron doctrine, holding that federal courts are not required to defer to an agency's interpretation of an ambiguous statute.

How many times has a Supreme Court decision been overturned? ›

As of 2018, the Supreme Court had overruled more than 300 of its own cases. The longest period between the original decision and the overruling decision is 136 years, for the common law Admiralty cases Minturn v. Maynard, 58 U.S. (17 How.) 476 decision in 1855, overruled by the Exxon Corp.

What is the purpose of chevrons? ›

Chevrons bring attention to bends in the road ahead. They are a rectangular shaped sign with white arrows on a black background. Chevrons are placed at the very start of the bend, and can be relatively large in size so they can be seen by the road user far in advance of the bend.

What do Chevron alignment signs do? ›

Chevron Alignment (W1-8) signs emphasize and guide drivers through a change in horizontal alignment. Because of their pattern, size, and placement with at least two of the signs in view of the motorist, they define the direction and sharpness of the curve, the best of all the traffic control devices.

What is an upside down Chevron called? ›

Circumflex, a chevron-shaped diacritical mark. Caron/haček, a diacritical mark known as "inverted chevron"

Has Chevron been overturned? ›

In a 6-3 decision, the Supreme Court expressly overturned Chevron and remanded the cases to the appellate courts for further proceedings consistent with the opinion. Writing for the majority, Chief Justice John Roberts held that “Chevron is overruled.

What was the Chevron Act? ›

Under the Chevron doctrine, courts deferred to a federal agency's interpretation of an “ambiguous” statute, so long as the agency's construction was deemed to be reasonable – even if the court believed that the agency's construction was not the best reading of the statute.

Does the Chevron decision affect the FDA? ›

Legal experts say a recent US Supreme Court (SCOTUS) ruling that struck down Chevron deference could be used to challenge the Food and Drug Administration's (FDA) authority on issues such as its recent decision to regulate laboratory-developed tests (LDTs).

What are the objectives of Chevron? ›

our purpose is to develop the affordable, reliable, ever-cleaner energy that enables human progress. We work to provide the energy that enables human progress around the world. We live this purpose every day. The imagination and perseverance of people will deliver solutions to energy's greatest challenges.

What are the benefits of the Chevron Doctrine? ›

Articulated by the Supreme Court in 1984, Chevron deference required courts to defer to an administrative agency's interpretation of ambiguous statutes under certain circ*mstances. In practice, this doctrine granted executive agencies substantial power to interpret law and promulgate regulatory authority.

Why are chevrons used for rank? ›

The chevron in heraldry was employed as a badge of honor to mark the main supporters of the head of the clan or ''top of the house'' and it came to be used in various forms as an emblem of rank for knights and men-at-arms in feudal days.

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