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Today, the Supreme Court overruled a 40-year precedent termed “Chevron deference,” which stated that courts must give deference to federal agencies when creating regulations based on an ambiguous law.

It has long been the practice of Congress to enact open-ended laws giving latitude to agencies to fill in administrative details.  Now, however, in the words of Chief Justice John Roberts, “Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

Today’s decision is expected to have a profound and sweeping impact on federal administrative rules and strengthen the courts’ role in determining regulatory overreach.

This is a breaking development, and more information will be provided shortly.

Date

June 28, 2024

Category

ACEC NEWS

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