June 28, 2024 | less than a minute read

"Chevron is overruled."

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Sarah Dicharry

Get in touch

Sarah Dicharry

This morning, the United States Supreme Court issued its opinion in Loper Bright Enterprises et al. v. Raimondo et al., 603 U.S. ___ (2024), overruling the decades-old doctrine of deference to agency interpretations of ambiguous statutory provisions established in Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (1984) as inconsistent with the Administrative Procedure Act (APA). Going forward, courts “need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous.” Loper Bright, Slip Op., p. 35. This opinion will significantly impact judicial review of Interior Department decisions covering a wide array of issues going forward (e.g., lease sales challenges, royalty disputes, etc.).

Click here to read The Supreme Court’s opinion.

"Chevron is overruled. Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority, as the APA requires. Careful attention to the judgment of the Executive Branch may help inform that inquiry. And when a particular statute delegates authority to an agency consistent with constitutional limits, courts must respect the delegation, while ensuring that the agency acts within it. But courts need not and under the APA may not defer to an agency interpretation of the law simply because a statute is ambiguous."