On Friday morning, the US Supreme Court overturned the 40-year-old Chevron v. National Resources Defense Council ruling, which gave federal agencies broad regulatory power.
The DRI Center for Law and Public Policy—the public policy “think tank” and advocacy voice of DRI—previously filed an amicus brief in the Court supporting the petitioners in Loper Bright Enterprises, No. 22-451. At issue was whether the Court should overrule Chevron v. Natural Resources Defense Council—which held that courts should defer to a federal agency’s interpretation of an ambiguous statute as long as that interpretation is reasonable—or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.
“The Court’s decision explains that the task of statutory interpretation vests solely with the Judiciary and represents an important rebuke of excessive rulemaking by Executive branch agencies,” said Larry Ebner, Chair of the DRI Center for Law and Public Policy. “The Center will be providing DRI members with practical guidance on how to apply the teaching of this landmark decision in litigation involving their clients.”
The Center’s brief was authored by DRI member Melinda Kollross and Don Sampen, both of Clausen Miller PC in Chicago. Ms. Kollross is a member of the Center for Law and Public Policy’s Amicus Committee.
Read the Amicus Brief (PDF)
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