case at SCOTUS could kneecap federal bureaucrats' power | Eastern North Carolina Now

A mainstay of the power of federal bureaucrats may be about to fall as a result of a case now before the US Supreme Court.  At stake is the "Chevron doctrine" which says courts should defer to bureaucratic agendies' interpretation of laws authorizing their power to issue regulations if there is the slightlest ambiguity in the law.  Lower courts have used this to rarely overturn regulations issued by federal bureaucrats, and this has given the bureaucrats free rein to do almost whatever they want through regulations.  The Chevron doctine has been in place since 1984.

Most observers expect the SCOTUS to severely limit bureaucrats' power in their ruling in this case.  Several justices have criticized the Chevron doctrine in opinions in previous cases.

In Loper Bright Enterprises vs. Raimondo, the Supreme Court will reconsider the Chevron doctrine, and said so when the case was accepted for review.  In this case, a federal fishing regulation requires certain fishing boats not only to carry third party inspectors but to pay their salaries as well.  The federal agency mangled their statutory authority in issuing that regulation.

The Clean Air Act is one particular federal statute that has been hugely stretched by a power hungry Environmental Protection Agency, and this is one agency which could be kneecapped by a court ruling in this case.

https://www.wsj.com/articles/supreme-court-loper-bright-enterprises-v-raimondo-chevron-deference-fisheries-a6f5cb24

https://www.wsj.com/articles/supreme-court-loper-bright-enterprises-v-raimondo-chevron-deference-fisheries-a6f5cb24