Thomas R. Newman, left, and Steven J. Ahmuty Jr. Courtesy photos The Demise of 'Chevron' Deference
On June 28, the Supreme Court overruled 'Chevron', holding that the APA 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 because a statute is ambiguous. It is difficult to overstate the significance of this watershed decision.
July 02, 2024 at 10:00 AM
10 minute read
For the last 40 years, federal courts have cited Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 867 (1984), to defer to an administrative agency's "permissible" interpretation of the statutes that it administers—even when a reviewing court reads the statute differently. Chevron has long been targeted by conservatives and business interests who argue that its deferential standard robs courts of their authority and gives too much power to federal agencies.
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