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What Will Follow Now That Chevron is Gone?

Chevron, Gone, What Comes Next



The recent decision by the Supreme Court to overrule Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. is a significant moment in legal history. This ruling means that courts will no longer be required to defer to an agency’s interpretation of an ambiguous statute, except in cases where the statute itself requires deference on certain questions. While courts are still expected to consider the views of the Executive Branch, they are now empowered to make their own decisions rather than being bound by agency interpretations.

This change will have long-term implications, giving courts more authority to decide disputes and increasing the likelihood that the Executive Branch’s interpretations may be rejected. Parties may be more inclined to turn to the courts when they disagree with agencies, and regulated parties may find it harder to rely on agency interpretations. Additionally, the ruling could discourage changes in position between administrations, as court interpretations will now hold more weight.

Although the immediate impact of this decision may be somewhat tempered by the decreasing reliance on Chevron in recent years, the ruling marks a significant shift in legal dynamics. Importantly, the Supreme Court’s caveat regarding stare decisis suggests that prior decisions made under Chevron will not be automatically reopened. While the Court’s reasoning may limit the revisiting of past precedents, there are still potential avenues for the Supreme Court and courts of appeals to reassess statutory questions that were previously considered settled.

In essence, this decision represents a major shift in the balance of power between agencies, courts, and the Executive Branch. It underscores the importance of judicial independence and the role of the courts in interpreting the law. As legal professionals navigate this new landscape, it will be crucial to stay informed on how these changes will impact future legal proceedings and interpretations.



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