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Chevron Deference

Chevron deference is based on commonsense and constitutional separation of powers principles. When Congress delegates authority to a federal agency to implement a law, but the law is ambiguous, Chevron deference requires courts to defer to the agency’s interpretation of that law so long as it is reasonable. This principle of deference respects Congress’s decision to empower the agency and its expertise.

Unfortunately, over the past decade, corporate interests that want to roll back regulatory protections have launched an assault on Chevron deference. They know that it is a significant barrier to judges striking down regulatory safeguards based on their own personal, partisan, or ideological views. Chevron deference ensures that when a court hears a legal challenge to a regulation, the outcome is determined by policy experts with deep knowledge, rather than by the judge’s preferences.

Unlike judges, who are unelected and appointed for life, agencies are democratically accountable to the public through the president and are subject to regular congressional oversight. In addition, to issue or update regulations, agencies must go through a process that requires public input. This is not the case for judicial opinions.

Overturning Chevron deference gives more power to judges, while weakening agencies and their experts. It threatens countless health, safety, environmental and market safeguards that Americans expect and rely upon.




Gutting Chevron Deference Harms the Public
Coalition for Sensible Safeguards: June 28, 2024

Overturning Chevron Deference is a Gift to Big Corporations
Coalition for Sensible Safeguards: June 28, 2024

Supreme Court Gives Unaccountable Judges Power Over Agency Actions, Overturning 40 Years of Precedent
Natural Resources Defense Council: June 28, 2024

Supreme Court Upends Public Health and Safety Protections
Union of Concerned Scientists: June 28, 2024

Unprincipled Supreme Court Decision on Agency Deference Harmful but Not Fatal to Public Protections, Administrative State
Center for Progressive Reform: June 28, 2024

Supreme Court Ruling Drastically Weakens Federal Agencies and Their Ability to Protect Workers’ Rights
Economic Policy Institute: June 28, 2024

Undoing Chevron is a Gift to Corporate Greed
Demand Progress: June 28, 2024

Supreme Court Decision to Overturn ‘Chevron Deference’ Threatens to Disrupt Public Healthcare System
American Lung Association: June 28, 2024

Supreme Court Eliminates Longstanding Legal Principle Concerning Federal Regulation
Earthjustice: June 28, 2024

Supreme Court Guts Chevron Deference, Undermining Federal Agencies’ Ability to Protect the Public
Consumer Reports: June 28, 2024

Supreme Court Ruling Jeopardizes Scores of Consumer Protections
Consumer Reports: June 28, 2024

National Partnership Condemns Supreme Court’s Chevron Decision that will Harm Women, Families and the Nation
National Partnership for Women & Families: June 28, 2024

Statement on SCOTUS Decision in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce
League of Conservation Voters: June 28, 2024

Supreme Court Decision Threatens Clean Air and Clean Water for All
Environmental Defense Fund: June 28, 2024

The People’s Principle: Chevron Deference Protects the Public
Public Citizen: June 20, 2024

Judicial Deference to Agencies: A Timeline
Center for Progressive Reform: May 2, 2024

The Role of Administrative Law Judges in Our Regulatory Process Must Be Protected and Respected
Public Citizen: April 10, 2024

The Ideological Warfare Behind Chevron Deference: Part 1, Part 2, Part 3
Center for Progressive Reform: March 4, 2024

Let’s Be Brief: Amicus Briefs Submitted by Corporations Show Opposition to Chevron Deference
Public Citizen: February 1, 2024

Corporate Groups Oppose Chevron Deference in Amicus Briefs
Public Citizen: January 25, 2024

Health and Safety Protections at Risk in Pending US Supreme Court Cases
Daily Journal: January 22, 2024

Coming SCOTUS Cases Could Be Hazardous for Your Health and Safety
Inside Sources: January 17, 2024

Overturning Chevron Deference Would Harm the Public
Public Citizen: January 17, 2024

Supreme Court Appears Poised to Overrule Chevron Deference in Judicial Power Grab
Center for American Progress: January 17, 2024

The Relentless Effort to End Agencies’ Ability to Protect Americans
Center for American Progress: January 16, 2024

Civil Rights Regulations in the Crosshairs: A Primer on the Supreme Court Hearing in Loper Bright Enterprises v. Raimondo
The Leadership Conference on Civil and Human Rights: January 16, 2024

The Significance of Chevron Deference
Natural Resources Defense Council: January 12, 2024

A Supreme Court Ruling on Fishing for Herring Could Sharply Curb Federal Regulatory Power
Center for Progressive Reform: January 11, 2024

Chevron Deference Fact Sheet
CSS: January 10, 2024

How the Supreme Court Could Limit Government’s Ability to Serve Americans in All Areas of Life
Center for American Progress: January 10, 2024

Supreme Court Decision Could Shift Power Away From Federal Agency Experts
Center for American Progress: January 3, 2024

Amicus Brief in Loper Bright Enterprises v. Raimondo
Public Citizen: September 22, 2023

What Happens If the Supreme Court Ends “Chevron Deference?”
Natural Resources Defense Council: June 21, 2023