Tombstone for Chevron

The US Supreme Court finally overruled its prior 1984 decision in Chevron USA Inc. v. Natural Resources Defense Counsil, Inc., 467 US 837, decided on June 28, 2024—find the Slip Opinion [Loper Bright Enterprises et al., v. Raimondo, Secretary of Commerce, et al., 603 U.S. ----, ---- S.Ct. ----, ---- L.Ed.2d ----, 2024 WL 3208360 (2024)] here.  This may not have an immediate impact on those in Washington who are finding themselves embroiled in an administrative proceeding or process with a state agency in the short term.  To date, the Washington State Office of the Attorney General has not put forward any public reaction. However, one can expect discussions, legal research, analysis, and legal opinions are being done internally as the state’s attorney.

Where it will have an impact in the short and long term, will be appeals of agency actions and decisions under Chapter 34.05 RCW, Washington’s Administrative Procedure Act—petitions for judicial review.  The Loper holding is clear, “[t]he Administrative Procedure Act requires courts to exercise their independent judgment in deciding whether an agency has acted within its statutory authority, and the courts may not defer to an agency interpretation of the law simply because a statute is ambiguous; Chevron is overruled.”

Now, at least one may at last have some hope of justice when a governmental agency overreaches.