"Supreme Court to Mull Voiding Chevron Ruling on Agency Power"

"The US Supreme Court will consider overturning a decades-old legal doctrine that has given federal regulators broad power to define their authority, accepting an appeal that aims to put new constraints on environmental, consumer-protection and financial-watchdog agencies.

The move sets up the nine-month term that starts in October as a potential blockbuster for the power of regulatory agencies. The court, which has already rolled back agency power in a series of cases, said previously it will consider whether the Consumer Financial Protection Bureau’s funding system is constitutional.

The appeal by four New Jersey fishing companies asks the court to overturn the watershed 1984 Chevron v. Natural Resources Defense Council ruling. That decision said courts should defer to administrative agencies when they offer a reasonable interpretation of an unclear statute.

Democratic administrations have relied heavily on the so-called Chevron doctrine, using it to justify mandates on energy, the environment and the workplace. The conservative-dominated Supreme Court has chipped away at Chevron in recent years, but until now had eschewed any direct challenge."

Greg Stohr reports for Bloomberg Environment May 1, 2023.

SEE ALSO:

"Supreme Court Grants Case That Could End Chevron Doctrine" (E&E News)

"Supreme Court To Consider Overruling Chevron Doctrine" (The Hill)

"U.S. Supreme Court Takes Up Fishermen's Fight Over US Conservation Funding" (Reuters)

Source: Bloomberg Environment, 05/02/2023