In 1984, the Supreme Court made a critical decision on the powers of federal agencies: where statutes set by legislation are clear, agencies must follow the direct statute, and where statutes are not fully clear, agencies are allowed the freedom of “reasonable interpretations.” This deference to agency expertise is the legal foundation of many important regulations, from managing endangered species to setting limits on pollution to protecting food safety, as it allows agency experts to set specific rules around a law’s general direction. Forty years later, that deference has been revoked, severely curtailing the powers of federal agencies like the Environmental Protection Agency (EPA).
So… what now?