WILL THE US SUPREME COURT ROLL BACK "THE CHEVRON FRAMEWORK" OPERATING FOR THE PAST 40 YEARS GOVERNING AMERICA AND SUPPORT OF THE AMERICAN PUBLIC?

CALL TO ACTION: The Supreme Court was asked to overrule Chevron deference just last year (2022) -- in a dispute over a Department of Health and Human Services rule governing Medicare drug reimbursements. Instead, the justices unanimously scrapped the regulation without ever mentioning Chevron deference. In this new term, the US Supreme Court will NOW directly decide the "Chevron Doctrine/Framework"... If Chevron deference is overturned by the court it could significantly shrink the power of federal agencies -- such as the EPA to set rules and enforce environmental protections/climate change/esg. And without the shield of Chevron deference -- private businesses could have more power to challenge environmental regulations, potentially putting profits ahead of environmental protection against Congress and -- "the will of the American People"... Chevron is still the law—at least for now. But, if the Supreme Court retains Chevron or merely limits its scope, then it must ensure lower courts don't ignore people's constitutional rights when applying the doctrine and step-in beyond the actions of Congress or the Administration through executive orders...

STAT/ FACT OF SIGNIFICANCE: If the Supreme Court retains Chevron or merely limits its scope, then it must ensure lower courts don't ignore people's constitutional rights when applying the doctrine.

ANALOGY: The Supreme Court is back in session. And one of the cases coming up this term has to do with - herring, as in fish, not a red herring. But this case is about way more than fishing. It's about a 40-year-old legal doctrine about government power, the Chevron doctrine. And that's one of the most cited, if not the most cited, administrative law decisions in Supreme Court history. "The fishermen at issue here are from Cape May, N.J., and what they're complaining about is not the actual observer because the law is crystal-clear that the agency can have an observer on your vessel. But the agency interpreted the law to require the fishermen to pay for the observer. And I think it's interesting that the case arises in this circumstance because Chevron applies so broadly, but it allows the people challenging the doctrine to tell a story about sort of hardworking fishermen, you know, further burdened by government. But I think we shouldn't lose sight that Chevron is so much more broad than this particular application."

EXECUTIVE SUMMARY/ SIGNIFICANCE:

The Chevron framework, as described below is a significant legal principle that deals with the deference given by courts to administrative agencies when it comes to interpreting ambiguous statutes. It is named after the 1984 Supreme Court case, Chevron U.S.A. v. Natural Resources Defense Council. The Chevron framework was a landmark decision of the United States Supreme Court that set forth the legal test for when U.S. federal courts must defer to a government agency's interpretation of a statute. The case is famous for establishing the extent to which a federal court, in reviewing a federal government agency's action, should defer to the agency's construction of a statute that the agency has been delegated to administer. This principle is commonly known as Chevron deference. Under Chevron, agencies are able to interpret the statutes that Congress has instructed them to administer and issue the necessary administrative rules, rather than first seeking judicial approval on each statutory interpretation.

The framework outlines a two-step process for determining when a court should defer to an agency's statutory interpretation:

1. Step One: The court determines whether Congress directly addressed the precise issue in the statute. If the statute is clear, the court must implement Congress's intent. If the statute is silent or ambiguous on the issue, the court proceeds to step two.
2. Step Two: If the statute is ambiguous, the court must defer to the agency's reasonable interpretation of the statute, even if the court would interpret it differently. This step assumes that agencies have more expertise and accountability in interpreting and implementing the statutes they administer.

The framework is based on the idea that when a statute is unclear, it implies a congressional delegation of interpretive authority to the agency. This allows the agency to make policy decisions in areas where Congress did not specify a policy choice.

The Loper case revolves around the application of the Chevron framework to a specific situation involving the National Marine Fisheries Service (NMFS) and its requirement for fishing vessels to bear the cost of observers. The fishing companies challenged this requirement, arguing that it wasn't authorized by the Magnuson-Stevens Fishery Conservation and Management Act (MSA), the statute in question. The lower courts applied Chevron deference in their decisions.

The petitioners in this case raise constitutional challenges to the Chevron framework, arguing that it violates the separation of powers (Article I and Article III) and due process principles. The government, in its response, defends Chevron as a well-established and necessary approach for courts to interpret statutes administered by agencies. The government argues that Chevron only applies when a statute is ambiguous, and it's a reasonable and practical way to ensure that agencies can fulfill their roles without undue interference from the judiciary.

Here are some key points to consider:

1. The Constitutional Challenge: The central issue in this case is whether Chevron deference is consistent with the U.S. Constitution. The petitioners argue that it violates the separation of powers by allowing agencies to exercise interpretive and policymaking authority that should belong to Congress and the courts. The government contends that Chevron is a reasonable framework that respects the constitutional role of each branch of government.
2. Practical Implications: Overruling Chevron could have far-reaching consequences for administrative law and the relationship between the judiciary and executive agencies. It could lead to significant changes in how courts review agency actions and interpret statutes, which could affect numerous areas of law and regulatory decisions.
3. The Role of Lower Courts: Consider the burden on lower courts. Overruling Chevron could increase the workload for these courts, which often deal with a high volume of cases involving agency interpretations. Without Chevron, lower courts may need to develop alternative forms of deference, which could lead to inconsistencies in decision-making.
4. Historical Precedent: The government argues that Chevron is in line with longstanding traditions of judicial deference to executive actions. It points to Chief Justice Marshall's statements in Marbury v. Madison to support this argument.
5. The Future of Administrative Law: A decision on the constitutionality of Chevron could have a significant impact on administrative law and the extent of judicial review over agency actions. It could also lead to discussions about the nondelegation doctrine and whether Congress has, in practice, delegated too much lawmaking authority to agencies.

The case is a crucial one for understanding the boundaries of agency power and the role of the courts in interpreting and reviewing administrative decisions. The Supreme Court's decision in the Loper case will have implications for the entire field of administrative law in the United States. Stay tuned as the US Supreme Court rules shortly on this important public policy issue across all US Federal Agencies in supporting the public interest/ US Congress.

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