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Loper Bright Enterprises v. Raimondo and the Future of Agency Interpretations of Law

Excerpt:  “‘Chevron is overruled’: On June 28, 2024, the Supreme Court overruled the Chevron framework in Loper Bright Enterprises v. Raimondo, holding that the Chevron framework violated Section 706 of the Administrative Procedure Act (APA). The Chevron framework required courts to defer to reasonable agency interpretations of ambiguous statutes. In its place, the Court directed the judiciary to exercise its independent judgment to determine the meaning of federal statutes. … The extent to which Loper will affect the way agencies regulate and Congress legislates is yet to be seen. The Loper decision does not legally bind the executive branch or Congress—it directs courts how to resolve cases of statutory interpretation. Loper will likely have an indirect effect on each branch, however. Agencies may respond to Loper by drafting their interpretations to better mirror the way courts interpret statutes and limit expansive interpretations of the statutes they administer. Congress may respond by drafting more specific statutes, codifying Chevron or Loper, or using more express delegations in statutes.”

report (53 pages)