Supreme Court curbs federal agencies’ regulatory authority, reversing 40-year-old herringbone precedent

The Supreme Court overturned a 40-year-old precedent that gave federal agencies discretion to interpret ambiguous statutes when writing and enforcing regulations.

Six conservative Supreme Court justices voted to overturn the so-called “Chevron Doctrine,” which has its roots in a 1984 case and affects everything from enforcement of clean air and water laws to FCC rules on broadcasting and the Internet.

“Chevron opposes the (Administrative Procedure Act) mandate that the “trial court” – and not the body whose action it is reviewing – is to “decide and interpret all relevant legal issues.” . . statutory provisions,” Chief Justice John Roberts wrote in the majority opinion.

He added: “Chevron cannot be reconciled with the APA, as the government and the dissenter argue, on the assumption that statutory ambiguities constitute a disguised delegation of authority to the agency.”

Read the Supreme Court opinion invalidating Chevron.

In a dissent, Justice Elena Kagan wrote that in the majority ruling, “…