U.S. Supreme Court Curtails Regulatory Powers of Agencies Like the EPA

Public Policy & Regulation attorney Dimitrios Karakitsos was cited in a Chemical Watch article discussing the U.S. Supreme Court's landmark decision to overturn the long-standing precedent of Chevron deference, which compelled federal courts to uphold reasonable agency interpretations of ambiguous statutes. The ruling, seen as a shift in the balance of power, grants courts the final say in interpreting laws, and will impact agency regulations and legal proceedings, particularly in the realm of environmental legislation. The article delves into how some environmental organizations fear the decision may undermine the U.S. Environmental Protection Agency's (EPA) capacity to address environmental and health hazards. Mr. Karakitsos explained how, despite the governmental changes it will entail, this decision could potentially mitigate the regulatory volatility seen from one administration to another.

"EPA's expertise is implementing environmental laws, not interpreting legislative ambiguities. [The ruling may also] reign in some of the regulatory whiplash we see from administration to administration if [agency] deference is limited," he said.

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Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.