REVEALED: Loper bright enterprises | Rare Historical Photos

Is There Actually an Error in the Supreme Court's Analysis in Loper Bright?

Did the Administrative Procedure Act apply in Chevron v. NRDC?

Reason · Jul 25

Trump's EPA rollback meets resistance

EPA says it can’t regulate greenhouse gases — NRDC, Earth Justice and 24 Democratic-majority states beg to differ

Salon · Mar 25

"The Central Principle of Judicial Review in NEPA Cases Is Deference"

Some additional thoughts on today's Supreme Court decision in Seven County Infrastructure Coalition.

Reason · May 29, 2025

Understanding Chevron's Death

Today the Supreme Court ruled, 6-3*, to overrule the doctrine of "Chevron" deference to agencies in Loper Bright Enterprises, consolidated with Relentless Inc. The bottom line should be unsurprising to anybody who had been following the arguments or the Court's treatment of Chevron over the past decade. The only thing…

Reason · Jun 28, 2024

The Supreme Court May Be on the Brink of Radically Restricting Bureaucrats' Power

Chevron deference, a doctrine created by the Court in 1984, gives federal agencies wide latitude in interpreting the meaning of various laws. But the justices may overturn that.

Reason · Jun 20, 2024

Prof. Thomas Merrill on "Does Chevron Mandate Brand X?"

I'm delighted to pass along this item from Prof. Thomas Merrill (Columbia), whom readers might remember as a guest-blogger from a couple of years ago, and who is the author of The Chevron Doctrine: Its Rise, and Fall, and the Future of the Administrative State (2022): In Loper Bright Enterprises…

Reason · Feb 22, 2024

SCOTUS looks at Chevron—but what exactly does that mean?

Welcome to the Tuesday, January 30, Brew. 

Ballotpedia · Jan 30, 2024

SCOTUS hears oral argument in challenge to Chevron deference

The Checks and Balances Letter delivers news and information from Ballotpedia’s Administrative State Project, including pivotal actions at the federal and state levels related to the separation of powers, due process, and the rule of law.

Ballotpedia · Jan 19, 2024

SCOTUS hears oral argument in challenge to Chevron deference

The United States Supreme Court on January 17, 2024, heard oral argument in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce—two consolidated cases challenging an agency’s interpretation of a federal fishery law that could affect future applications of Chevron deference by the federal courts. 

Ballotpedia · Jan 19, 2024

A Supreme Court ruling on fishing for herring could sharply curb federal regulatory power

Fisheries regulation might seem to be unusual grounds for the U.S. Supreme Court to shift power away from federal agencies. But that is what the court seems poised to do in the combined cases of Loper Bright Enterprises vs. Raimondo and Relentless Inc. vs. Department of Commerce. The cases are…

The Conversation · Jan 10, 2024