Synopsis

The U.S. Supreme Court overturned the principle of judicial deference to administrative agencies established in Chevron v. Natural Resources Defense Council (1984).

Why It Matters for Public Health

Time will tell what the impact of Loper Bright will be on public health. On the one hand, it will impact the work of federal agencies like the Centers for Disease Control and Prevention and the Food and Drug Administration, likely making it more difficult for such agencies to pass important regulations that protect public health. On the other hand, much of the U.S. public health infrastructure is run at the state or local level, and Loper Bright directly affects only the operations of federal agencies.

Background

Under the Chevron ruling, courts for the last four decades were required to defer to federal agencies in their interpretations of ambiguous statutes. The Chevron deference doctrine involved a two-step analysis. First, a court was to determine whether the statute under consideration was ambiguous. If not, that ended the matter and the court was to give full effect to the unambiguously expressed intent of Congress. If, however, the court determined that a statute was ambiguous, the court moved to the second step, which involved determining whether the agency’s interpretation of the ambiguity was reasonable or permissible. If the court found the interpretation to be reasonable, then the agency’s interpretation would stand.

Loper Bright Enterprises v. Raimondo (2024) involved the National Marine Fisheries Service’s interpretation of the Magnuson-Stevens Fishery Conservation Management Act, which requires certain fishing boats to carry a federal monitor on board to enforce the agency’s regulations. The agency specifically interpreted the statute to require that fishing boats cover the costs of this monitor.

Proceedings

In February of 2020, a family-owned fishing company—Loper Bright Enterprises—filed suit in the District Court for the District of Columbia, arguing that the Magnuson-Stevens Fishery Conservation Management Act did not authorize the National Marine Fisheries Service to require fishing companies to pay for the monitor. The district court concluded its reasoning at the first step of the Chevron analysis, finding that the statute unambiguously provided that the industry must cover the costs of the monitor. The plaintiff appealed to the D.C. Circuit.

On February 8, 2022, the D.C. Circuit heard oral arguments. Unlike the district court, the D.C. Circuit did not find the statute entirely unambiguous and consequently moved to the second step of the Chevron analysis. Nevertheless, the court concluded that the National Marine Fisheries Service’s interpretation was reasonable and affirmed the district court’s ruling.

On November 10, 2022, the plaintiff petitioned the Supreme Court for a writ of certiorari, and on May 1, 2023, the Court granted the petition, limiting itself to the question of whether Chevron should be overruled or limited in its scope. On January 17, 2024, the Court heard Loper Bright alongside Relentless v. Department of Commerce (2024), a case from the First Circuit that also challenged the National Marine Fisheries Service’s rule, as well as Chevron deference.

Litigation Status (CLOSED)

On June 28, 2024, the Supreme Court issued its decision, reversing the lower courts and overturning Chevron. Writing the majority decision, Chief Justice John Roberts explained that Chevron conflicts with the Administrative Procedure Act, which requires courts to decide “all relevant questions of law,” and for that reason “requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority.”

What this means is that, as a result of Loper Bright, courts are no longer required to defer to agencies, even if an agency’s interpretation of an ambiguous federal statute is reasonable or permissible. Rather, courts must interpret any ambiguities in the law themselves, using analysis of legislative intent to make the best determination of what a statute means and how it applies. In this respect, Loper Bright gives courts and plaintiffs greater power to challenge administrative agencies.