On August 5, 2024, Fred Wagner was featured on Environmental Professionals RADIO, where he discussed updates to the Chevron deference and the Olympics. The following is an excerpt:
The Chevron Deference principle was established 40 plus years ago, and it said that when there’s an ambiguous statute, that executive agencies, federal agencies interpret for purposes of implementing their regulatory programs unless it was completely, you know, arbitrary, the court should defer to the agency’s interpretation of those ambiguous statutes. And as we know, in many, many instances, Congress presents ambiguous statutes…because they’re not the greatest at being very specific and clear. And so, for the most part, you know, a wide variety of industries, whether it’s environmental or the financial sector or the health industry, you know, it’s cybersecurity, you name it, the agencies were left to figure out what to do or there were new developments and new things that happened technologically where the agency was presented with a challenge, and then said, "We should really be doing something about this."
Click here to access the segment.