Supreme Court Dethrones Chevron, Regulators Powerless After 40 Years

Supreme Court Dethrones Chevron, Regulators Powerless After 40 Years

4 minute read
Published: 6/28/2024

In a 6-3 decision, the Supreme Court overturned the 40-year-old Chevron precedent, reducing federal regulators' power and making it easier for the court to overrule regulations, leaving fish scratching their heads and fishermen checking their wallets.

By tossing the long-standing Chevron precedent overboard, the Supreme Court's decision significantly shifts the balance of power from federal agencies to the judiciary. This landmark ruling, penned by Chief Justice John Roberts and backed by the court's conservative bloc, highlights ongoing tensions as the justices reeled in the National Marine Fisheries Service's authority. The outcome not only impacts fishing regulations but also signals a broader judicial move to scrutinize and potentially sink other federal regulations, much to the dismay of dissenting liberal justices.

The ruling has its roots in a challenge to a regulation that required fishing vessel operators to fund data collection for fishery conservation. Critics of the regulation argued that the National Marine Fisheries Service (NMFS) overstepped its authority under the Magnuson-Stevens Fishery Conservation and Management Act. The Supreme Court's majority seemed to cast their nets wide, reeling in more than just the matter at hand.

Chief Justice John Roberts, in his majority opinion, declared that the court should exercise independent judicial judgment rather than deferring to agency interpretation, scaling back the deference agencies have enjoyed since Chevron v. Natural Resources Defense Council in 1984. It's as if the court decided it was finally time to take the training wheels off and ride the judicial bike on its own.

By a notable 6-3 split, the court's conservative majority – including Justices Gorsuch, Kavanaugh, and Barrett – effectively sent a clear signal that they intend to scrutinize the reach of federal agencies closely. This latest ruling fits into a broader pattern, as the court has already reeled in federal agency power in other high-profile cases involving student loan debt relief, Covid vaccination-or-test requirements, and the EPA’s authority to limit carbon emissions. With the court flexing its judicial muscles like a gym enthusiast on New Year's Day, the future of federal regulations seems poised for rigorous examination.

Dissenting, Justice Elena Kagan described the decision as judicial overreach and criticized the majority for what she sees as an attempt to anchor policymaking back in the hands of the judiciary. Kagan warned that such a shift unravels decades of legal precedent and risks undermining effective governance by introducing uncertainty into how laws can be enforced. Kagan's dissent was a clear reminder that in the solemn halls of the Supreme Court, a touch of consistency in legal interpretation can work wonders.

The legal community and regulatory bodies are already grappling with the implications of this decision. Without the Chevron precedent to fall back on, agencies may find themselves treading water when it comes to interpreting and implementing regulations under broad or unclear statutes. This could lead to an increasing number of legal challenges and potentially slower implementation of new regulations—like trying to run a three-legged race with only two legs.

Fishermen, tired of financing data collection out of their own pockets, may temporarily celebrate the ruling. However, they might also face a more turbulent regulatory environment. After all, who knew fishing could come with so much paperwork? The long-term effect could trickle down to various other sectors impacted by federal regulations, where agencies struggle without the buffer of Chevron deference to shield their interpretations.

Moreover, the repercussions of this ruling may extend far beyond fisheries. Agencies responsible for areas such as environmental protection, public health, and labor regulations might find themselves casting about for more explicit statutory mandates. This might lead to a bureaucratic shift where every regulation could be subject to judicial review rather than administrative expertise. It’s as if regulators might need to carry a legal dictionary in one hand and a magnifying glass in the other!

As the decision ripples through the legal and regulatory waters, both proponents and critics will be closely watching how the judiciary continues to influence the interpretation and enforcement of federal regulations. Meanwhile, regulatory agencies might need to brace themselves for a wave of challenges and reexamine how they conduct their business in this post-Chevron era. After all, navigating this new legal landscape might feel a bit like trying to fish without a net.

For now, the Supreme Court has charted a new course where the judiciary holds the helm in navigating the often murky waters of regulatory power. Whether this results in clearer seas or a litany of legal shipwrecks remains to be seen. One thing is certain: the legal landscape has fundamentally shifted, and stakeholders across various sectors will need to adjust their sails accordingly.