Supreme Court Shifts Power Over Federal Regulations from Agencies to Judges

Environment attorney Rafe Petersen spoke with Politico about a recent U.S. Supreme Court decision that invalidated the long-standing Chevron deference, a doctrine that had required judges to defer to agencies' interpretations of ambiguous federal laws. The verdict marks a significant shift in federal regulatory oversight, potentially complicating rulemaking initiatives in policy domains like climate change, student debt and artificial intelligence (AI) regulation. Mr. Petersen said he anticipates this ruling will create legal obstacles for the current administration's efforts to implement environmental regulations.

All of Biden's recent regulations will be at greater risk in legal challenges, especially things where he's attempting to regulate greenhouse gases and advancing climate goals. There's no clear statement in the underlying acts that was the intent of Congress," he said.

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Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.