Forty years ago, the Supreme court established what would become a bedrock principle in administrative law. Known as Chevron deference, the principle required that courts defer to the expertise of federal agencies when it came to interpreting any ambiguities in the laws they are tasked with implementing. In late June, six of the nine supreme court justices joined the majority opinion in a case overturning Chevron deference. Under the decision issued in Loper Bright Enterprises, the Court says it should be judges, not agency experts at, say, the Environmental Protection Agency, who should make the call when interpreting statutory ambiguities. It may seem mundane, but the decision represents a sea change for the United States regulatory system, and it could have far-reaching implications for everything from environmental protection, to food safety, to disability rights.
David Doniger, Senior Advisor to the NRDC Action Fund, joins Terra Verde host and Earth Island Journal Managing Editor Zoe to discuss the new legal landscape and what it means for efforts to protect the environment.