In the decision issued on Friday, June 28, 2024, the Supreme Court significantly weakened the power of federal agencies to implement and enforce regulations. The court’s decision written by Chief Justice Roberts, overturns the Court’s 1984 finding in Chevron v. Natural Resources Defense Council and will have a major impact on the Federal Government’s ability to regulate everything from climate change to artificial intelligence to labor and immigration. It marks a huge win for corporations, as it will be significantly harder for the government to restrict their ability to dump toxic waste into rivers, treat their workers horribly, make children’s toys with known carcinogens, and fix prices on products people need. This also gives the Courts a lot more power and control over how regulations are interpreted and enforced.
In Chevron, the Supreme Court granted the federal government broad deference to enact regulations without judicial interference under the idea that the specialists who write environmental regulations for the EPA or immigration policy or DHS, should be assumed to know what they are talking about. Ultimately it allowed for agencies to enact regulations without having to wait for the courts to weigh in, unless the regulation was an unreasonable interpretation of the underlying law enacted by Congress that delegated regulatory authority to that agency.
“ rule of judicial humility gives way to a rule of judicial hubris. In one fell swoop, the majority today gives itself exclusive power over every open issue — no matter how expertise-driven or policy-laden — involving the meaning of regulatory law. As if it did not have enough on its plate, the majority turns itself into the country’s administrative czar…
The majority disdains restraint, and grasps for power.”
Justice Kagan in LOPER BRIGHT ENTERPRISES ET AL. v. RAIMONDO, SECRETARY OF COMMERCE