Ag News

Supreme Court overturns Chevron Deference doctrine

by Jay Stone

Posted on Jul 11, 2024 at 0:11 AM

In a decision announced June 28, the U.S. Supreme Court overturned a legal standard known as “Chevron Deference,” in the case Loper Bright Enterprises v. Raimondo, in a move American Farm Bureau Federation (AFBF) says restores the balance of power between branches of the federal government.

Chevron Deference originated from a 1984 case, Chevron v. Natural Resources Defense Council, in which courts were instructed to defer to federal agencies’ arguments about the scope of their own (the agencies’) authority.

AFBF maintains that Chevron Deference multiplied federal agencies’ power and undermined the principles of separation of powers between the three branches of the federal government, in this case between judicial and executive branches.

“The Constitution built a system of checks and balances among three branches of government, to prevent any one branch from becoming too powerful. The legislative branch creates the laws, the executive branch enforces the laws, and the judicial branch interprets the laws. Chevron deference created a super-branch of government. The Supreme Court restored balance with today’s decision,” AFBF President Zippy Duvall said.

The decision in the Loper Bright Enterprises case could favor farmers battling federal agencies over regulatory issues.

“Farm Bureau applauds the U.S. Supreme Court for recognizing the damage Chevron deference has caused to the federal government’s balance of power,” Duvall said. “For decades, Congress has passed vague laws and left it to federal agencies and the courts to figure out how to implement them. AFBF has been a leading voice on this issue and has argued on behalf of farmers who are caught in a regulatory back and forth when administrations change the rules based on political priorities instead of relying on the legislative process. We are pleased the Court heard those concerns.”

The National Agricultural Law Center’s (NALC) review of the case indicated the ruling likely will result in many future challenges to long-standing agency rules, including those that affect agricultural producers and stakeholders.

To read the NALC review, click here.

To read the Supreme Court opinion, click here.

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