Is Chevron Dead?

The Supreme Court agreed to hear next term Loper Bright Enterprises v. Raimondo, to address: “Whether the Court should overrule [the Chevron doctrine] or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.” It is expected that the Court will consider these two issues: whether agencies have too much deference under Chevron and whether the “major questions doctrine” means agencies cannot address matters absent express statutory delegation. Randolph Elliott joins a panel during American Public Power Association’s Legal & Regulatory Conference to examine the importance of the Chevron doctrine in federal administrative law, specifically the focus on its application in major FERC and environmental appeals. The panel also explores how the major questions doctrine has limited the scope of the Chevron doctrine, and what the demise of the doctrine would mean going forward.