In this Module: Week, you have been examining the scope of judicial
review of administrative decisions. The 1984 decision of Chevron provides
administrative agencies with great deference when making decisions. For
this thread, read the case for yourself, and try to summarize the rule that
can be drawn from this case. This may not be easy, but you can read this
case and summarize the rule that can be drawn from the decision of the
court. You can review the full case through NexisUni, WestLaw, or Google
Scholar. All of these search engines are available through the JF Library
website. The Bluebook citation for the case is Chevron U.S.A., Inc. v.
Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
This week we examined the scope that judicial review has on administrative agencies. In
our textbook, Beermann touched on a case saying it is “one of the most vexing and
controversial questions in judicial review of agency action has been the degree to which
courts should defer to agency statutory interpretation.” Jack M. Beermann,
Administrative Law: What Matters and Why 132 (2nd ed. 2020). A crucial framework in
administrative law was established by the Chevron U.S.A., Inc. v. Natural Resources
Defense Council, Inc. case, which changed the way courts assess agency activities.
When the court of appeals decided against Chevron, this led to the establishment of a
two-step process that courts had to adhere to when assessing and interpreting statutes set
by administrative agencies. Id at 134. The first rule is to assess and establish whether
Congress explicitly addressed the issue at hand. Id. If the statue in question is clear,
“Congress’s intent prevails.” Id. However, if the law is still unclear or if there is a gap for
the agency to fill, then the second rule comes into play. Id. This is when the court reviews
the assessment to determine “whether the agency's interpretation is 'reasonable' or
'permissible'.” Id. If the reviewing court agrees that the agency’s interpretation is
reasonable then the court will defer their decision to the agency’s expertise since they are
tasked with enforcing their duties as an administrative agency’s “unless it is ‘arbitrary,
capricious, or manifestly contrary to the statute.’” Id at 135.
Although this case is complicated, what caught my attention is that the reviewing courts
must maintain a balance between upholding Congress's ambiguous statutes and
recognizing the agency's expertise. From a biblical viewpoint, “Trust in the;Lord;with all
your heart and lean not on your own understanding; in all your ways submit to him, and
he will make your paths straight.” Proverbs 3:5-6 (NIV). This verse showcases the
themes and concepts brought on from the Chevron case. Proverbs highlighted how it is
important to understand the issues at hand while still ensuring there is a harmonious
balance between the authority of Congress and of administrative agencies such as the
EPA. It also reinforces that when gathering expertise information to obtain from various
viewpoints, much like when courts are consistently relying on agency’s interpretation
when the law is unclear.
However, in June 2024 the Supreme Court reversed the original decision siding with
Chevron. With the recent overturned decision, the courts now expect Congress to clarify
ambiguous statutes with more precise legislation instead of deferring to agency
interpretations. Mark Ruge, Matthew H. Leggett, Darrell L. Conner, John Longstreth,
Ryan T. Carney, What Overturning Chevron Means for the Way Congress Does Its
Business, K&L Gates (July 18 2024), https://www.klgates.com/What-Overturning-
Chevron-Means-for-the-Way-Congress-Does-Its-Business-7-18-2024#:~:text=Loper
%20squarely%20overruled%20Chevron.,statute%20and%20intent%20of%20Congress.
To end on a biblical perspective, "If any of you lacks wisdom, let him ask of God, who
gives to all liberally and without reproach, and it will be given to him." James 1:5
(NKJV). This verse, in my opinion, speaks to the principles of accountability, clarity, and
understanding which are relevant to the recent overturning. By exploring these key
concepts, it highlights how crucial it is to search for knowledge and understanding,
especially when handling complicated situations, such as needing legal guidance on
ambiguous situations.
