The U.S. Supreme Court on Friday upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety and consumer protections, delivering a far-reaching and potentially lucrative victory to business interests.
The court's six conservative justices colloquially known as Chevron, long a target of conservatives who have been motivated as much by weakening the regulatory state as social issues including abortion. The liberal justices were in dissent.
The case was the conservative-dominated court's clearest and boldest repudiation yet of what critics of regulation call the administrative state.
Billions of dollars are potentially at stake in challenges that could be spawned by the high court's ruling. The Biden administration's top Supreme Court lawyer had warned such a move would be an "unwarranted shock to the legal system."
The heart of the Chevron decision says federal agencies should be allowed to fill in the details when laws aren't crystal clear. Opponents of the decision argued that it gave power that should be wielded by judges to experts who work for the government.
"Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority," Chief Justice John Roberts wrote for the court.
Roberts wrote that the decision does not call into question prior cases that relied on the Chevron decision.
But in dissent, Justice Elena Kagan wrote that the assurance rings hollow. "The majority is sanguine; I am not so much," she wrote.
Kagan called the latest decision "yet another example of the Court's resolve to roll back agency authority, despite congressional direction to the contrary." Just a day earlier, the same lineup of justices stripped the Securities and Exchange Commission of a major tool used in fighting fraud.
The court ruled in cases brought by Atlantic herring fishermen in New Jersey and Rhode Island who challenged a fee requirement. Lower courts used the Chevron decision to uphold a 2020 National Marine Fisheries Service rule that herring fishermen pay for government-mandated observers who track their fish intake.
Conservative and business interests strongly backed the fishermen's appeals, betting that a court that was remade during Republican Donald Trump's presidency would strike another blow at the regulatory state.
The court's conservative majority has previously reined in environmental regulations and stopped the Democratic Biden administration's initiatives on COVID-19 vaccines and student loan forgiveness.
The justices hadn't invoked Chevron since 2016, but lower courts had continued to do so.
Forty years ago, the Supreme Court ruled 6-0, with three justices recused, that judges should play a limited, deferential role when evaluating the actions of agency experts in a case brought by environmental groups to challenge a Reagan administration effort to ease regulation of power plants and factories.
"Judges are not experts in the field, and are not part of either political branch of government," Justice John Paul Stevens wrote in 1984, explaining why they should play a limited role.
But the current high court, with a 6-3 conservative majority, has been increasingly skeptical of the powers of federal agencies. Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas all had questioned the Chevron decision.
They were in Friday's majority, along with Justice Amy Coney Barrett.
Roberts' opinion took direct aim at what Stevens wrote 40 years ago. "That depends, of course, on what the 'field' is. If it is legal interpretation, that has been, 'emphatically,' 'the province and duty of the judicial department' for at least 221 years," Roberts wrote, quoting from the Marbury v. Madison decision that established the Supreme Court as the last word in interpreting laws and the Constitution.
Kagan, though, said that in getting rid of Chevron "gives courts control over matters they know nothing about." She read a summary of her dissent aloud in the courtroom to emphasize her disagreement with the majority.
Justices Ketanji Brown Jackson and Sonia Sotomayor joined Kagan in dissent.
Opponents of the Chevron doctrine argue that judges applied it too often to rubber-stamp decisions made by government bureaucrats. Judges must exercise their own authority and judgment to say what the law is, the court said Friday, adopting the opponents arguments.
Bill Bright, a Cape May, New Jersey-based fisherman who was part of the lawsuit, said the decision to overturn Chevron would help fishing businesses make a living. "Nothing is more important than protecting the livelihoods of our families and crews," Bright said in a statement.
Reacting to the decision, White House press secretary Karine Jean-Pierre said the ruling "is yet another deeply troubling decision that takes our country backwards. Republican-backed special interests have repeatedly turned to the Supreme Court to block common-sense rules that keep us safe, protect our health and environment, safeguard our financial system, and support American consumers and workers."
Federal agencies and the Justice Department had already begun reducing their reliance on the Chevron decision in crafting and defending new regulations.
Environmental, health advocacy groups, civil rights organizations, organized labor and Democrats on the national and state level had urged the court to leave the Chevron decision in place.
"The Supreme Court is pushing the nation into uncharted waters as it seizes it seizes power from our elected branches of government to advance its deregulatory agenda," Sambhav Sankar, a lawyer with the environmental group Earthjustice, said after the ruling. "The conservative justices are aggressively reshaping the foundations of our government so that the President and Congress have less power to protect the public, and corporations have more power to challenge regulations in search of profits. This ruling threatens the legitimacy of hundreds of regulations that keep us safe, protect our homes and environment, and create a level playing field for businesses to compete on."
Gun, e-cigarette, farm, timber and home-building groups were among the business groups supporting the fishermen. Conservative interests that also intervened in recent high court cases limiting regulation of air and water pollution backed the fishermen as well.
The fisherman sued to contest the 2020 regulation that would have authorized a fee that could have topped US$700 a day, though no one ever had to pay it.
In separate lawsuits in New Jersey and Rhode Island, the fishermen argued that Congress never gave federal regulators authority to require the fisherman to pay for monitors. They lost in the lower courts, which relied on the Chevron decision to sustain the regulation.
The justices heard two cases on the same issue because Jackson was recused from the New Jersey case. She took part in it at an earlier stage when she was an appeals court judge. The full court participated in the case from Rhode Island.
This story has been corrected to show the spelling of the justice's name is Ketanji, not Kentanji.
Republicans on Sunday sought to distance themselves from Donald Trump's latest insults of Democratic nominee Kamala Harris during a rambling weekend rally in Wisconsin in which he called her 'mentally disabled.'
Two and a half years after losing her best friend and first love to suicide, Brooke Ford shared her story of grief and resilience at the CMHA Windsor-Essex Suicide Awareness Walk.
The government has just weeks to decide if it will meet the $16-billion demand from the Bloc Québécois to stave off an election for a few more months, but the stipulation may be at odds with the political and fiscal plans of the Liberals.
An Ottawa driver has been charged with stunt driving after being caught going 154 km/h on Highway 417, according to the Ontario Provincial Police (OPP).
While libraries might be stereotyped by some as boring or outdated, they’ve become popular digital destinations for young viewers on TikTok.
Migrant groups are pushing the federal government to reverse its cap on international study permits and tightening post-graduate work permit qualifications, claiming it will leave many students 'in limbo.'
WeightWatchers CEO Sima Sistani, who pushed the company into embracing weight-loss drugs, is leaving the position after a two-and-a-half year stint.
The Tax-Free Savings Account can be a powerful savings tool and investment vehicle. Financial contributor Christopher Liew explains how they work and how to take full advantage of them so you can reach your financial goals faster.
This Monday, Sept. 30 is the National Day for Truth and Reconciliation (NDTR), a federal statutory holiday and day of remembrance for the Indigenous children who never came home from Canadian residential schools, as well as those who survived them.
A commemorative rally marking the fourth anniversary of Joyce Echaquan’s death will take place in Ville-Marie on Saturday afternoon.
Alberta's premier spoke to calls for an outside, independent investigation into the death of Jon Wells during an incident involving Calgary police last week.
The union representing longshore workers at the Port of Montreal says work at two terminals could come to a standstill next week as the union served a 72-hour strike notice today.
A child was sent to hospital after being attacked by a coyote in northwest Calgary.
Two and a half years after losing her best friend and first love to suicide, Brooke Ford shared her story of grief and resilience at the CMHA Windsor-Essex Suicide Awareness Walk.
Toronto police are urging anyone with information, including video footage, to contact them after a man was fatally stabbed in north Scarborough on Saturday evening.
Tim Walz and JD Vance might have the chance to reshape the political landscape Tuesday in their first and only debate.
Riding in a black SUV with tinted windows, lawyer Mariel Colon rolls up to the gates of a remote mansion, strolling past a security guard side-by-side with Emma Coronel, the wife of notorious drug lord JoaquÃn 'El Chapo' Guzman.
Newly emerged film footage of U.S. President John F. Kennedy's motorcade speeding down a Dallas freeway toward a hospital after he was fatally wounded sold at auction Saturday for US$137,500.
Republicans on Sunday sought to distance themselves from Donald Trump's latest insults of Democratic nominee Kamala Harris during a rambling weekend rally in Wisconsin in which he called her 'mentally disabled.'
Russia's top diplomat warned Saturday against 'trying to fight to victory with a nuclear power,' delivering a UN General Assembly speech packed with condemnations of what Russia sees as Western machinations in Ukraine and elsewhere — including inside the United Nations itself.
The Freedom Party was headed for the first far-right win in a national parliamentary election in post-World War II Austria on Sunday, finishing ahead of the governing conservatives after tapping into voters' anxieties about immigration, inflation, Ukraine and other issues, a projection showed. But its chances of governing were unclear.
Migrant groups are pushing the federal government to reverse its cap on international study permits and tightening post-graduate work permit qualifications, claiming it will leave many students 'in limbo.'
The government has just weeks to decide if it will meet the $16-billion demand from the Bloc Québécois to stave off an election for a few more months, but the stipulation may be at odds with the political and fiscal plans of the Liberals.
Gov. Gen. Mary Simon insists her lack of French language proficiency does not hinder her ability to represent Canadians, after several Quebec politicians this week criticized her for not yet being fluent in the language, three years after her appointment.
A man from Alberta has been at the Medipal International Hospital in Kampala, Uganda for over two months with a hefty medical bill. He says he can’t leave until it’s been paid for.
More than 550 symptomatic people responded to an online questionnaire about a gastrointestinal illness at a Prince Edward Island shellfish festival last weekend.
A partial masking mandate has returned to Nova Scotia hospitals and provincially run healthcare facilities for visitors and healthcare workers.
Canadian innovators and technical leaders gathered in Ottawa Thursday to demonstrate the latest cutting-edge technology.
SpaceX launched a rescue mission for the two stuck astronauts at the International Space Station on Saturday, sending up a downsized crew to bring them home but not until next year.
Trees haven't grown on the Falkland Islands for thousands of years. But tree trunks and branches preserved in peat suggest the islands were once home to a forest.
Given the sudden popularity of Moo Deng, the Thai national treasure whose name roughly translates as 'bouncy pork,' it was only a matter of time before someone turned her into a digital asset.
As Sarah McLachlan, Tom Cochrane and members of Blue Rodeo were ushered into the Canadian Songwriters Hall of Fame on Saturday, each took a moment to recognize that writing great music usually comes with incredible struggle.
'Saturday Night Live' began its 50th season with a parade of former co-stars, including Maya Rudolph as U.S. Vice President Kamala Harris, Andy Samberg as her husband Doug Emhoff and Dana Carvey as U.S. President Joe Biden.
A strike by grain terminal workers at the Port of Metro Vancouver has ended, their employer announced Friday night.
When Annie Korver sits down with a new corporate or small business client, she encourages them to focus first on the 'truth' part of Truth and Reconciliation.
The U.S. Department of Transportation said Friday it had fined Air Canada US$250,000 for operating flights in 2022 and 2023 in prohibited Iraqi airspace.
While libraries might be stereotyped by some as boring or outdated, they’ve become popular digital destinations for young viewers on TikTok.
The Tax-Free Savings Account can be a powerful savings tool and investment vehicle. Financial contributor Christopher Liew explains how they work and how to take full advantage of them so you can reach your financial goals faster.
Matt Perrault has shipped animals in and out of Canada on behalf of owners for more than two decades, handling creatures ranging from birds to bearded dragons, rabbits and ferrets.
When the key to a win is work ethic, it is not surprising to see Mattias Ekholm rise to the occasion. Ekholm had a goal and two assists as the Edmonton Oilers snapped a three-game skid with a 5-4 victory over the Seattle Kraken on Saturday.
On an eventful Saturday at the Presidents Cup, the U.S. took an 11-7 lead over an International team that saw big performances from the world's No. 1 ranked golfer, Scottie Scheffler.
The Toronto Raptors have confirmed that Vince Carter's No. 15 will be the first number to be retired by the NBA franchise.
A tale about a taxicab hauling gold and sinking through the ice on Larder Lake, Ont., in December 1937 has captivated a man from that town for decades.
A U.S. driver somehow squeezed her vehicle through a parkade hallway at a Metro Vancouver casino Thursday, before getting stuck at an elevator bank.
More than 12,000 vehicles in Canada are included in two separate recalls by Toyota Motor Corp. and Mazda.
A tale about a taxicab hauling gold and sinking through the ice on Larder Lake, Ont., in December 1937 has captivated a man from that town for decades.
When a group of B.C. filmmakers set out on a small fishing boat near Powell River last week, they hoped to capture some video for a documentary on humpback whales. What happened next blew their minds.
A pizza chain in Edmonton claims to have the world's largest deliverable pizza.
Sarah McLachlan is returning to her hometown of Halifax in November.
Wayne MacKay is still playing basketball twice at Mount Allison University at 87 years old.
A man from a small rural Alberta town is making music that makes people laugh.
An Indigenous artist has a buyer-beware warning ahead of Sept. 30, the National Day for Truth and Reconciliation.
Police are looking to the public for help after thieves broke into a Lethbridge ice creamery, stealing from the store.
An ordinary day on the job delivering mail in East Elmwood quickly turned dramatic for Canada Post letter carrier Jared Plourde. A woman on his route was calling out in distress.
British Columbia saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.
Vancouver's Bloedel Conservatory will be closing for more than two months for repairs, the park board announced last week.
Matt Perrault has shipped animals in and out of Canada on behalf of owners for more than two decades, handling creatures ranging from birds to bearded dragons, rabbits and ferrets.
A large crowd of people hoping to collect a piece of Toronto history gathered outside the ;Leslieville dollhouse' Sunday, as the new owners of the beloved east-end home gave away the dolls, toys, knick-knacks, and teddy bears that covered the property.
A grassroots organization is calling on the provincial government to reopen the Ontario Science Centre after it was abruptly closed in June following the discovery of structural issues in the building.
One person was injured in a stabbing at Moss Park early Sunday morning, Toronto police say.
A child was sent to hospital after being attacked by a coyote in northwest Calgary.
Alberta's premier spoke to calls for an outside, independent investigation into the death of Jon Wells during an incident involving Calgary police last week.
Migrant groups are pushing the federal government to reverse its cap on international study permits and tightening post-graduate work permit qualifications, claiming it will leave many students 'in limbo.'
A 23-year-old man sustained serious, but non-life-threatening injuries following a dispute with another man Saturday night at a bar in Gatineau, Que., police say.
A near perfect replica of Lighting McQueen came to Hardy Park in Brockville, Ont. for a meet and greet.
The 47th annual Canadian Police and Peace Officers' Memorial Service is taking place Sunday in the capital.
Provincial police (SQ) say a head-on crash on Highway 30 in Candiac has left two people dead.
A new Crave original series inspired by Leonard Cohen's iconic song "So Long, Marianne" delves into the complex love story between the renowned songwriter and his muse, Marianne Ihlen.
Some small Quebec municipalities are considering reducing the size of their city councils due to the challenges of recruiting candidates to run for office.
Thousands of kilometres of rural roads and highways in Alberta are nearing the end of their useful lives, and new research says the province is quickly running out of time to make the repairs needed to preserve them.
This Monday, Sept. 30 is the National Day for Truth and Reconciliation (NDTR), a federal statutory holiday and day of remembrance for the Indigenous children who never came home from Canadian residential schools, as well as those who survived them.
Kim Ruether lifted her son's eyelid and saw his still, dilated pupil staring at the ceiling as he lay on a stretcher in a northwestern Alberta hospital hallway a decade ago. She says she didn't need a doctor to tell her the boy was dead.
A mother in a community where the cost of living is one of the highest in the country says grocery prices are 'inhumane' and retailers are putting profits ahead of people’s basic human right to food.
The East Coast Ukrainian Festival kicked off at Pier 21 in Halifax on Saturday, celebrating Ukrainian culture and traditions.
Team U.S.A. is the winner of the Pan American Black Bass Championship, which attracted some of the world’s best anglers to Nackawic and Fredericton this past week.
As the temperatures begin to drop and the leaves change colour, the time for fall suppers has returned in Manitoba.
Hundreds gathered in Winnipeg’s Memorial Park Saturday afternoon in a solemn ceremony honouring the lives of fallen firefighters.
Vintage collectors from all corners of Canada gathered at Assiniboia Downs Saturday to shop and show off a variety of trinkets and treasures.
The Town of Lumsden held their ninth annual Scarecrow festival Saturday.
The Saskatchewan Roughriders moved into second place in the CFL's West Division with a 29-16 victory over the Ottawa Redblacks on Saturday.
Minister of Health Everett Hindley wrote to healthcare provider unions on Friday inviting them to join a nursing task force, something the government previously said no to.
People in Guelph may notice a new addition at the entrance to Franchetto Park in Guelph.
A young motorcyclist has been taken to an out-of-region hospital after a single vehicle crash in Woolwich Township.
On Saturday evening just before 8:00 p.m., emergency responders were on the scene of a two-vehicle collision at the intersection of 17th Line and 19th Line.
Fire crews responded to a structure fire on the 300 block of Ave N South Saturday evening.
Saskatoon Police Service has arrested a suspect in connection with two separate stabbing incidents that occurred earlier this month.
Minister of Health Everett Hindley wrote to healthcare provider unions on Friday inviting them to join a nursing task force, something the government previously said no to.
A tale about a taxicab hauling gold and sinking through the ice on Larder Lake, Ont., in December 1937 has captivated a man from that town for decades.
The CEO of the Ottawa Mission is responding to controversial comments made this week by Premier Doug Ford about those living in homeless encampments that received swift blowback from advocates.
The government has just weeks to decide if it will meet the $16-billion demand from the Bloc Québécois to stave off an election for a few more months, but the stipulation may be at odds with the political and fiscal plans of the Liberals.
On Friday, police in Sarnia say that they were sent to a hydro compound on Confederation Street following security alarms being triggered.
On Saturday, just before 10:00 p.m., police were called to the intersection of Richmond and Huron Streets for a welfare check.
The fourth annual National Day for Truth and Reconciliation in Canada is on Monday, Sept. 30.
A pedestrian has died after reportedly getting struck by an OPP cruiser in Bala early Sunday morning.
South Simcoe Police are investigating a fatal collision in Innisfil that occurred early Saturday morning involving a car and a motorcycle.
Members of the Southern Georgian Bay OPP and the Canadian Anti-Fraud Centre (CAFC) are sounding the alarm on a rising number of online and phone scams targeting residents.
Two and a half years after losing her best friend and first love to suicide, Brooke Ford shared her story of grief and resilience at the CMHA Windsor-Essex Suicide Awareness Walk.
The BSI aims to elevate Black academic excellence, promoting scholarship, mentorship, and cultural knowledge.
The fourth annual National Day for Truth and Reconciliation in Canada is on Monday, Sept. 30.
British Columbia saw a rare unanimous vote in its legislature in October 2019, when members passed a law adopting the United Nations Declarations on the Rights of Indigenous Peoples, setting out standards including free, prior and informed consent for actions affecting them.
A man was found dead in a home in the Ditidaht First Nation on Vancouver Island Saturday morning, prompting local council to ask residents to shelter in place.
For decades, Melven Jones couldn’t talk about what happened to him as a child. He didn’t even remember it.
Fire crews in Vernon, B.C., responded to a large house fire early Saturday morning.
A pair of runaway pigs are in the custody of an animal sanctuary in the Okanagan after evading police and volunteers for hours earlier this week.
The Red Bridge, a historic landmark in Kamloops, B.C., was completely destroyed by fire early Thursday morning.
The sentencing for three men convicted of helping lead and coordinate the COVID-19 protest blockade at Coutts, Alta., in 2022 has been delayed.
A 10-year-old boy from Lethbridge is being praised as a hero after a routine summer outing at the pool nearly turned tragic for his friend.
A man and woman have been charged after a Lethbridge ice creamery was broken into earlier this week. Staff arrived at Cookie Crimes, in the 300 block of Sixth Street South, just before 5:30 a.m. on Monday to discover the front window broken.
Sault residents may notice some commotion on the Algoma University campus over the next two weeks as a team conducts an archaeological search.
The Pride crosswalk in downtown Sault Ste. Marie, Ont., has been hit by vandalism for the second time in less than three months.
Despite a lead at mid-game in front of a near-capacity home crowd, the Sudbury Wolves dropped their first game of their OHL regular season to Barrie, 3-1.
A mother in a community where the cost of living is one of the highest in the country says grocery prices are 'inhumane' and retailers are putting profits ahead of people’s basic human right to food.
A soccer game in England on Tuesday night drove a spike in online traffic across the Atlantic to a website launched by the Newfoundland and Labrador government.
Newfoundland and Labrador sponsored a minor football team in England, now they’re about to play one of the biggest clubs in European soccer.
The Shopping Trends team is independent of the journalists at Â鶹´«Ã½. We may earn a commission when you use our links to shop. Read about us.
