On June 28, 2024, the Supreme Court of the United States (Supreme Court or Court) issued an opinion in the matter of Loper Bright Enterprises, et al. v. Raimondo, Secretary of Commerce, et al., No. 22-451, et al. (June 28, 2024) (Loper Bright). The opinion, which involved a complaint over the Magnuson-Stevens Fishery Conservation and Management Act (MSA), resulted in the Court overturning its prior decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984) (Chevron), in which the Court determined that executive agencies were entitled to deference on issues of the interpretation of Congressional directives, a concept referred to as the “Chevron Doctrine” or the principle of “Chevron Deference.”

This white paper will discuss the history, and the ultimate overturning of Chevron. Further, this white paper will discuss how the overturning of Chevron potentially impacts the Federal Energy Regulatory Commission, and what changes could potentially result from Loper Bright.