Supreme Court Chevron Decision Could Affect USDA and EPA Regulations

The Supreme Court overturned a 40-year judicial preference known as Chevron deference, transitioning regulatory interpretation from expert government agencies toward the courts and Congress. The concept of Chevron deference was to let administrative agencies interpret statutes. The courts would often defer to the agency’s interpretation.

The Supreme Court’s ruling puts this authority back into the purview of the courts and Congress. This could have significant implications for agencies influencing agriculture, including the USDA and the EPA. Many controversial regulations could be challenged, including the USDA’s new rules to strengthen the Packers and Stockyards Act. The EPA pesticide regulations setting limits on forever chemicals in water could also be challenged.

The impacts could reach beyond regulations. University of Wisconsin Law School professor Steph Tai explains that some of the USDA’s discretionary spending could be challenged. Spending could be subject to review by Congress.

While some industry groups applaud the decision as a needed way to reign in overreach, others are concerned that the decision could have a chilling effect. Tarah Heinzen, legal director at Food & Water Watch, said fear of litigation could prevent agencies from using the authority they do have.

Read more on how the Chevron decision could change the landscape for federal agencies here.