Chevron Deference 101
With California Ag Today, I am Haylie Shipp. This is the Ag Information Network.Hear the words “Chevron deference,” and pass by it thinking it’s got everything to do with oil and nothing to do with agriculture? Me too…until a coworker here on the Ag Information Network ran a story about the historic Supreme Court decision and it’s impact or non-impact on cattle EID tags. I’ll let you read that for yourself at AgInfo.Net. It’s part of our Line on Agriculture report.
I’m here to simplify. What is Chevron deference and why could this decision with an oily name impact you? I recently spoke with Ellie Brighton. She serves as executive staff with the Public Lands Council up in Montana…
“There was a case in 1984, I believe, where the Supreme Court ruled that if there is statute, legislative action, or some kind of rule, and it is ambiguous – like you don’t know quite what they mean – the agencies have the ability to make reasonable decisions within that statute.”
This took the burden off of Congress, says Brighton, and pushed it towards federal agencies…
“That’s why we’re dealing with so many different rulemakings.”
And rulemakings that sometimes feel like they don’t follow the intent of the original framework. But that’s now in the past as, on June 28, the Supreme Court overturned that 1984 ruling…
“The Supreme Court said that the agencies no longer have that authority. So when there are ambiguous statutes, that has to go back to Congress and they have to line things out.”
This has obviously been a very simplified look at Chevron deference. I get just over a minute with you. And, as you can imagine, Brighton says speculation is aplenty. One thing is for sure