Loper Bright after Chevron
Definition
Loper Bright Enterprises v. Raimondo (2024) is the Supreme Court decision that overturned Chevron U.S.A. v. NRDC (1984), ending "Chevron deference," the rule requiring courts to defer to a federal agency's reasonable interpretation of an ambiguous statute. Courts must now independently decide the best reading of the law, though they may still consider agency expertise.
Why it matters
For 40 years, Chevron deference let agencies fill statutory gaps with their own technical judgment, subject to only light judicial review. Loper Bright shifts that power to federal judges, meaning the same regulation can now survive or die based on which court hears the challenge, and well-funded litigants can shop for favorable venues to contest rules they dislike.
Seen in the wild
Since the June 28, 2024 ruling, lower courts have applied Loper Bright to reopen or reconsider challenges to agency rules on topics from EPA emissions standards to FDA regulations, with courts across the country now deciding statutory ambiguity questions themselves rather than deferring to the agency's reading.1