The Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (https://news.harvard.edu/gazette/story/2024/01/chevron-deference-faces-existential-test/). It seems the Court is willing to overturn Chevron. My question is what will happen to Federal regulations promulgated by the agencies? Aren't the regulations interpretations of the statutes by the agencies? Will the agencies stop using the federal regulations in adjudications or enforcement? I understand that the regulations also cover explicit law making delegations by Congress. I think that should remain but will the interpretations of the statues not relied upon?

1 Answer 1


Overturning Chevron would just mean that courts will not defer to agency interpretations of ambiguity in their enabling statutes.

In such a world, agencies can still promulgate regulations. First, many delegations of rule-making authority are uncontentious. However, without Chevron deference, when an agency makes regulations that hinge on ambiguous delegation of rule-making authority, courts will no longer defer to the agency's interpretation.

Overturning Chevron would allow for greater judicial scrutiny/intervention into the rule-making actions of agencies. Courts will require that agencies operate under a correct (as determined by the court) understanding of the enabling statute.

You must log in to answer this question.

Not the answer you're looking for? Browse other questions tagged .