The Regulated Community’s Triumph Against Federal Agency Overreach

The Resounding Victory for the Regulated Community

As the dust settles from the high-octane Supreme Court term that concluded last month, one undeniable victor has emerged: the regulated community. This term refers to a diverse coalition of industries that, despite their differences, have rallied together in a shared commitment to push back against regulatory overreach.

This term, three significant opinions were issued that curbed the authority of federal agencies, eliciting applause from various sectors. While these industries may not always align on every issue, they have united under the banner of mutual resistance to what they perceive as regulatory fiat.

In their fervent advocacy, trade associations from these sectors submitted a multitude of amicus briefs to the justices, passionately arguing for the elimination of a long-standing legal doctrine known as Chemron deference. This doctrine had traditionally compelled courts to defer to administrative agencies’ interpretations of ambiguous statutes, often resulting in expansive regulatory authority.

How it’s pronounced: /ˈre-gyə-lā-təd kə-myü-nə-tē/

In one compelling amicus brief, agribusiness and construction interests expressed their frustrations, stating, “Amici’s members and the broader regulated community have endured an unlawfully expansive agency interpretation of a vital statute for the past 15 years. This has resulted in significant burdens, including soaring compliance costs, lost opportunities, and the ongoing financial and emotional toll of litigating to rectify these injustices.”