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Supreme Court to Review Chevron Deference, Potentially Weakening Federal Agencies’ Regulatory Powers This June.

The Supreme Court is set to decide on the Chevron deference, a legal theory that has helped federal agencies defend their rules in court for 40 years. In a pair of cases expected to be decided by the end of June, conservative lawyers have asked the Supreme Court to overrule the doctrine. The doctrine allows agencies like EPA to reasonably interpret their regulatory power when federal laws are unclear. However, legal observers predict that changes by the conservative-dominated court would significantly weaken the doctrine, effectively erasing a tool that has enabled regulators to win in court. Three ways the court could scale back Chevron without upsetting the doctrine: They could clarify that silence in a federal law does not create ambiguity that requires courts to defer to agencies. They could set a higher threshold for Chevron analysis.

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