Supreme Court Ruling in Loper Bright Challenges FEMA’s Discretionary Authority






After Chevron: Piercing FEMA Authority

On June 28, the U.S. Supreme Court overturned Chevron deference, a legal doctrine that had long enabled federal agencies to interpret their own statutes. Wendy Huff Ellard at Baker Donelson notes that while the Federal Emergency Management Agency’s discretionary authority remains robust, the decision in Loper Bright marks a significant shift. The ruling undercuts the argument that Congress granted FEMA unlimited discretion in the administration of its programs, which may lead to increased litigation under the Administrative Procedure Act.