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The Conversation
The Conversation
Environment
Robin Kundis Craig, Professor of Law, University of Kansas

What’s next after Supreme Court curbs regulatory power: More focus on laws’ wording, less on their goals

Chevron the Supreme Court United States Loper Bright EPA John Roberts
Two fishing companies challenged regulations that required Atlantic herring fishers to pay some costs for observers on their boats. Joe Raedle/Getty Images

Federal Chevron deference is dead. On June 28, 2024, in a 6-3 vote, the Supreme Court overturned the 40-year-old legal tenet that when a federal statute is silent or ambiguous about a particular regulatory issue, courts should defer to the implementing agency’s reasonable interpretation of the law.

The reversal came in a ruling on two fishery regulation cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce.

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