In its 2023 term, the U.S. Supreme Court will undertake the hearing of a potentially transformative case, Loper Bright Enterprises v. Raimondo (Case no. 22-451). At the centre of this proceedings is the request of the appellants for the highest court in the land to reconsider and, they hope, reverse the decision that was made in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which has been a principle pillar of administrative law for nearly four decades, according to reporting by JDSupra.
The Chevron ruling, widely recognized as the thesis of Chevron v. Natural Resources Defense Council, 467 U.S. 837 (1984), mandated that federal courts should respect the authority of a federal agency in interpreting a statute while developing regulations pursuant to that statute.
A team from Moore & Van Allen PLLC has submitted an amicus brief in the upcoming Supreme Court battle. By taking up this significant case and hearing the arguments presented, the Supreme Court will either affirm the precedents set by the Chevron Doctrine, or potentially overhaul an established principle of judicial review of agency action.
With the Loper Bright Enterprises v. Raimondo case, the Court is faced with a challenging question. Namely, what level of deference should be granted to federal agencies when interpreting their statutory jurisdiction? This case raises the issue in a concrete way and could significantly alter the dynamics of judicial review, agency action, and the balance of power within the federal government. As such, it is bound to be closely watched by legal professionals, scholars, and large corporations nationwide. Regardless of its outcome, the case serves as a stark reminder of the continuous evolution of the law and the need for vigilant observation and analysis by those in the legal field.