Supreme Court Reins in Federal Agency Power

Originally published on July 10, 2024, by Aquiles Suarez for NAIOP.

The Supreme Court has certainly garnered its share of attention for several of its rulings this last term, but none is likely to have more of an impact on business, including commercial real estate, than its opinion in Loper Bright Enterprises v. Raimondo, issued on June 28. In that case, the Court overturned a 40-year legal standard it had first established in 1984 in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which stated that courts would defer to federal agency determinations on policy matters if the relevant statutory language was ambiguous.

The so-called “Chevron doctrine,” or “Chevron deference,” as the practice became known, began initially as a practical means of allowing federal regulatory agencies tasked with implementing aspects of legislation that called for scientific or highly technical determinations. It came into play when an agency determined that an area or matter not explicitly authorized in a statute was within the reach of their regulatory authority, as long as their determination was reasonable. Thus, if Congress passed a law requiring the Environmental Protection Agency (EPA) to regulate a certain broad class of chemicals, then the EPA could not be challenged for including substances that the agency stated it reasonably believed were covered by the statute.

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