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at 843.Įven in cases where the Chevron framework does not apply-and perhaps if Chevron is overruled-a court may still give some weight to the agency’s interpretation of a statute to the extent it is persuasive. Second, if the court finds ambiguity in the applicable statute, the agency interpretation receives deference as long as the actions are based on a “permissible construction” of the statute.

Chevron deference is only at play if Congress has granted the agency authority to act, and there is ambiguity in the relevant statute.

First, a court must determine whether Congress has directly spoken to the precise question at issue.

Under Chevron, courts are instructed to perform a two-part analysis: Chevron established a highly deferential framework for courts to review agency interpretations of ambiguous statutes that the agency is charged with administering. In Chevron, the Supreme Court upheld as reasonable a Reagan administration regulation that interpreted the Clean Air Act to allow the Environmental Protection Agency to define the term “stationary source” to mean whole industrial plants. 2022), could result in the court overruling Chevron entirely or narrowing it significantly. The case that the Supreme Court has accepted Loper Bright Enterprises., Inc. If the court limits or upends the Chevron doctrine, the ruling would pull back the leeway that agencies have had in interpreting statutes. Under Chevron, a court defers to agency interpretations of ambiguous statutes, as long as the judge finds the interpretation to be reasonable. Supreme Court announced that during its next term it will hear a case that could overturn Chevron, U.S.A., Inc.

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