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The End of Chevron Deference: Adam Orford discusses a new era of administrative and environmental law with River Basin Center

Last week, Dr. Adam Orford of the UGA School of Law led a lunch conversation at the River Basin Center titled The End of Chevron Deference: Understanding the Implications of Recent Supreme Court Decisions on Environmental Protection. Here’s what you need to know:

In 1984, the Supreme Court made a 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 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 Forty years later, that deference has been revoked, curtailing the powers of federal agencies like the Environmental Protection Agency (EPA).

So… what now?

On Friday, October 4, a small crowd gathered to hear Dr. Orford review the origin of Chevron deference, named for the 1984 case between Chevron and the Natural Resources Defense Council (NRDC) that originally set this precedent, as well as several cases that impacted its overturning. 

Orford discussed each of these cases and how they interact, taking questions from an audience that included everyone from graduate students to emeritus faculty.

Read more on what this change may mean in this UGA Law School Q&A with Orford from December 2023, where he predicted wide-ranging impacts on the functioning of bureaucracy several months before the Loper Bright decision.