20  ILLINOIS BUSINESS LEADER
FOCUS
On June 28, 2024, the Supreme Court 
of the United States (SCOTUS) 
issued its long-anticipated decision in 
Loper Bright Enterprises v. Raimondo, 
overturning Chevron, which had pro-
vided deference to the interpretations 
of agencies where a statute was am-
biguous. SCOTUS granted certiorari 
limited to the question of whether 
Chevron U. S. A. Inc. v. NRDC, Inc. 
467 U.S. 837 should be overruled or 
clarified.
By Melissa S. Brown
Partner, Hepler Broom LLC
	
Since its inception in 1984, 
“Chevron deference” was a concept 
utilized in many environmental cases 
to defer to the interpretations of the 
United States Environmental Protec-
tion Agency when an environmental 
statute was considered ambiguous. 
However, courts have placed numer-
ous limitations on the applicability of 
Chevron deference over the years.
	
In its June 28, 2024, decision 
overruling Chevron, SCOTUS held 
that:
	
[t]he Administrative Procedure 
Act requires courts to exercise their 
independent judgment in deciding 
whether an agency has acted within 
its statutory authority, and courts 
may not defer to an agency interpre-
tation of the law simply because a 
statute is ambiguous.
	
Furthermore, the Court ex-
plained that “[p]erhaps most fun-
damentally, Chevron’s presumption 
is misguided because agencies have 
no special competence in resolving 
statutory ambiguities. Courts do.”
	
The overturning of Chevron def-
erence will not only have an impact 
on environmental cases in the future 
but also statutory interpretation cases 
involving other federal agencies.
Chevron Deference Overturned by U.S. Supreme Court
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The overturning of Chevron deference will not only have an 
impact on environmental cases in the future but also statutory 
interpretation cases involving other federal agencies.

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