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A parody ad for oil company Chevron features a voiceover that admits the company has “actively murdered” people across the globe over images typical of the fossil fuel industry’s “greenwashing” advertisements.
The elimination of Chevron deference significantly impacts the ability of federal agencies to enforce regulations—particularly those related to environmental protection and climate change.
Last Friday, the Supreme Court overruled the 40-year-old Chevron doctrine, fundamentally changing the landscape of federal regulatory power. This decision, reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability.
Ironically, the downfall of the Chevron doctrine will give Chevron and other major oil and gas corporations more latitude to slow down and block regulations, allowing them to pollute with near impunity. At the end of the day, this decision means that courts will play a more active role in interpreting regulatory statutes, undermining scientific expertise, slowing regulatory processes, and creating obstacles at a time when urgent action is needed to address the climate crisis.
The Chevron doctrine, established in the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., provided that courts should defer to federal agencies’ reasonable interpretations of ambiguous statutes. This deference allowed agencies (e.g., the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.
Under Chevron, when a statute was ambiguous, courts would typically side with the agency’s interpretation, recognizing the specialized expertise of agencies in their respective fields. This doctrine has played a crucial role in enabling agencies to enforce regulations on complex issues such as environmental protection, public health, and consumer safety. The ambiguity in statutes is often intentional, acknowledging that Congress isn’t equipped to design prescriptive policies across the whole suite of issues before them—let alone in a way that can evolve as science and technology evolve over time. This intentional ambiguity enables expertise to shape rulemaking as needed. During the 40 years Chevron was law, federal courts cited the doctrine more than 18,000 times.
The recent ruling arose from two cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These cases involved a dispute over a NOAA Fisheries rule requiring herring vessels to pay for onboard monitors to prevent overfishing. Lower courts upheld the rule, citing Chevron deference. However, the Supreme Court’s conservative majority saw this as an opportunity to dismantle the doctrine altogether.
Chief Justice Roberts, writing for the majority, declared that courts must now exercise their independent judgment in deciding whether an agency has acted within its statutory authority, rather than deferring to the agency’s reasonable interpretation. He emphasized that this change does not retroactively affect past cases decided under Chevron deference but will influence all future regulatory interpretations.
The elimination of Chevron deference significantly impacts the ability of federal agencies to enforce regulations—particularly those related to environmental protection and climate change, as many of these regulations were crafted to be flexible in interpretation by design. Here’s how:
The Supreme Court’s decision to overturn Chevron represents a seismic shift in administrative law with far-reaching implications for climate accountability. By reducing the power of federal agencies to interpret and implement ambiguous statutes, the ruling complicates the path forward for robust environmental action. Oil and gas corporations have long been adept at manipulating the legal system to their advantage. Just hours after the Supreme Court’s decision, corporate lobbyists began strategizing to use the ruling to their advantage, aiming to challenge and reduce regulations in climate, finance, health, labor, and technology.
By employing a range of tactics, these corporations can delay public health and environmental protections, effectively postponing climate accountability cases for years. This strategy not only prevents plaintiffs from achieving justice through the courts but also allows these companies to use the courts to delay essential regulations. During this time, they can continue their operations with minimal restrictions, further exacerbating environmental and public health issues. Overturning the Chevron doctrine underscores the need for continued advocacy and a diversity of tactics to address the pressing challenges of climate change.
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Last Friday, the Supreme Court overruled the 40-year-old Chevron doctrine, fundamentally changing the landscape of federal regulatory power. This decision, reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability.
Ironically, the downfall of the Chevron doctrine will give Chevron and other major oil and gas corporations more latitude to slow down and block regulations, allowing them to pollute with near impunity. At the end of the day, this decision means that courts will play a more active role in interpreting regulatory statutes, undermining scientific expertise, slowing regulatory processes, and creating obstacles at a time when urgent action is needed to address the climate crisis.
The Chevron doctrine, established in the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., provided that courts should defer to federal agencies’ reasonable interpretations of ambiguous statutes. This deference allowed agencies (e.g., the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.
Under Chevron, when a statute was ambiguous, courts would typically side with the agency’s interpretation, recognizing the specialized expertise of agencies in their respective fields. This doctrine has played a crucial role in enabling agencies to enforce regulations on complex issues such as environmental protection, public health, and consumer safety. The ambiguity in statutes is often intentional, acknowledging that Congress isn’t equipped to design prescriptive policies across the whole suite of issues before them—let alone in a way that can evolve as science and technology evolve over time. This intentional ambiguity enables expertise to shape rulemaking as needed. During the 40 years Chevron was law, federal courts cited the doctrine more than 18,000 times.
The recent ruling arose from two cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These cases involved a dispute over a NOAA Fisheries rule requiring herring vessels to pay for onboard monitors to prevent overfishing. Lower courts upheld the rule, citing Chevron deference. However, the Supreme Court’s conservative majority saw this as an opportunity to dismantle the doctrine altogether.
Chief Justice Roberts, writing for the majority, declared that courts must now exercise their independent judgment in deciding whether an agency has acted within its statutory authority, rather than deferring to the agency’s reasonable interpretation. He emphasized that this change does not retroactively affect past cases decided under Chevron deference but will influence all future regulatory interpretations.
The elimination of Chevron deference significantly impacts the ability of federal agencies to enforce regulations—particularly those related to environmental protection and climate change, as many of these regulations were crafted to be flexible in interpretation by design. Here’s how:
The Supreme Court’s decision to overturn Chevron represents a seismic shift in administrative law with far-reaching implications for climate accountability. By reducing the power of federal agencies to interpret and implement ambiguous statutes, the ruling complicates the path forward for robust environmental action. Oil and gas corporations have long been adept at manipulating the legal system to their advantage. Just hours after the Supreme Court’s decision, corporate lobbyists began strategizing to use the ruling to their advantage, aiming to challenge and reduce regulations in climate, finance, health, labor, and technology.
By employing a range of tactics, these corporations can delay public health and environmental protections, effectively postponing climate accountability cases for years. This strategy not only prevents plaintiffs from achieving justice through the courts but also allows these companies to use the courts to delay essential regulations. During this time, they can continue their operations with minimal restrictions, further exacerbating environmental and public health issues. Overturning the Chevron doctrine underscores the need for continued advocacy and a diversity of tactics to address the pressing challenges of climate change.
Last Friday, the Supreme Court overruled the 40-year-old Chevron doctrine, fundamentally changing the landscape of federal regulatory power. This decision, reached with a 6-3 majority led by Chief Justice John Roberts, marks a significant shift in administrative law and has profound implications for environmental regulations and climate accountability.
Ironically, the downfall of the Chevron doctrine will give Chevron and other major oil and gas corporations more latitude to slow down and block regulations, allowing them to pollute with near impunity. At the end of the day, this decision means that courts will play a more active role in interpreting regulatory statutes, undermining scientific expertise, slowing regulatory processes, and creating obstacles at a time when urgent action is needed to address the climate crisis.
The Chevron doctrine, established in the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., provided that courts should defer to federal agencies’ reasonable interpretations of ambiguous statutes. This deference allowed agencies (e.g., the EPA or FDA), staffed with experts, to interpret and implement laws within their purview effectively.
Under Chevron, when a statute was ambiguous, courts would typically side with the agency’s interpretation, recognizing the specialized expertise of agencies in their respective fields. This doctrine has played a crucial role in enabling agencies to enforce regulations on complex issues such as environmental protection, public health, and consumer safety. The ambiguity in statutes is often intentional, acknowledging that Congress isn’t equipped to design prescriptive policies across the whole suite of issues before them—let alone in a way that can evolve as science and technology evolve over time. This intentional ambiguity enables expertise to shape rulemaking as needed. During the 40 years Chevron was law, federal courts cited the doctrine more than 18,000 times.
The recent ruling arose from two cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. These cases involved a dispute over a NOAA Fisheries rule requiring herring vessels to pay for onboard monitors to prevent overfishing. Lower courts upheld the rule, citing Chevron deference. However, the Supreme Court’s conservative majority saw this as an opportunity to dismantle the doctrine altogether.
Chief Justice Roberts, writing for the majority, declared that courts must now exercise their independent judgment in deciding whether an agency has acted within its statutory authority, rather than deferring to the agency’s reasonable interpretation. He emphasized that this change does not retroactively affect past cases decided under Chevron deference but will influence all future regulatory interpretations.
The elimination of Chevron deference significantly impacts the ability of federal agencies to enforce regulations—particularly those related to environmental protection and climate change, as many of these regulations were crafted to be flexible in interpretation by design. Here’s how:
The Supreme Court’s decision to overturn Chevron represents a seismic shift in administrative law with far-reaching implications for climate accountability. By reducing the power of federal agencies to interpret and implement ambiguous statutes, the ruling complicates the path forward for robust environmental action. Oil and gas corporations have long been adept at manipulating the legal system to their advantage. Just hours after the Supreme Court’s decision, corporate lobbyists began strategizing to use the ruling to their advantage, aiming to challenge and reduce regulations in climate, finance, health, labor, and technology.
By employing a range of tactics, these corporations can delay public health and environmental protections, effectively postponing climate accountability cases for years. This strategy not only prevents plaintiffs from achieving justice through the courts but also allows these companies to use the courts to delay essential regulations. During this time, they can continue their operations with minimal restrictions, further exacerbating environmental and public health issues. Overturning the Chevron doctrine underscores the need for continued advocacy and a diversity of tactics to address the pressing challenges of climate change.