Colorado groups decry, cheer Supreme Court's decision to overturn Chevron deference
June 29, 2024 – Media MentionEnvironmental Partner Noah Perch-Ahern spoke with The Denver Gazette about the Supreme Court's decision overturning Chevron's deference.
Excerpts:
...Noah Perch-Ahern, an administrative law and environment litigator with Greenberg Glusker in Los Angeles told The Denver Gazette that “what the Supreme Court has done is, rather than applying a rule of deference and saying (the agency rule) was a reasonable interpretation, a court should apply its independent judgment and determine if that interpretation was correct, not if it was just reasonable, but was it correct.”
“I think it really is going to open the floodgates to more challenges because parties that have an interest in agency rulings are going to have new arguments to make in court, and they're going to have a better shot at overturning agency decisions,” said Perch-Ahern.
But he also said this isn’t likely to reopen all past cases because the court explicitly said that “mere reliance on Chevron cannot constitute a ‘special justification’ for overruling such a holding.”
