WASHINGTON — Executive branch agencies will likely have more difficulty regulating the environment, public health, workplace safety and other issues under
In two related cases, the fisherman asked the court to overturn the 40-year-old Chevron doctrine, which stems from a unanimous Supreme Court case involving the energy giant in a dispute over the Clean Air Act. That ruling said judges should defer to the executive branch when laws passed by Congress are ambiguous.In that case, the court upheld an action by the Environmental Protection Agency under then-President Ronald Reagan.
Those actions and others could be opened up to legal challenges if judges are allowed to discount or disregard the expertise of the executive-branch agencies that put them into place. Overturning Chevron will likely open the floodgates to litigation that could erode critical protections for people and the environment, Moore and other advocates said.
Morrisey, now the GOP nominee for governor, called Chevron “a misguided doctrine under which courts defer to legally dubious interpretations of statutes put out by federal administrative agencies.”The Supreme Court ruling will likely shift power away from the executive branch and Congress and toward courts, said Craig Green, a professor at Temple University’s Beasley School of Law,
The ruling will likely “gum up the works for federal agencies and make it even harder for them to address big problems. Which is precisely what the critics of Chevron want," said Jody Freeman, director of the environmental and energy law program at Harvard Law School.McConnell breaks with Trump on vilification of Biden
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