For decades, the Supreme Court’s holding in Chevron U.S.A. v. Natural Resources Defense Council defended the requirement that a court reviewing agency action should defer to an interpretation of an ambiguous statute by the agency empowered with issuing regulations under that statute so long as the agency’s interpretation is a “permissible construction.” In Loper Bright Enterprises v. Raimondo, decided on June 28, 2024, the Supreme Court decisively struck down this practice. The Court originally explained Chevron deference as reliance on the advice of the subject-matter experts, e.g., the personnel working at the agency that are allegedly subject-matter experts of their […]
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