The Supreme Court’s Chevron decision—which called for courts to defer to agencies in filling in the gaps in silent or ambiguous statutes—makes a lot of sense. Unfortunately, the decision has often been misread by the lower courts, so the SCOTUS needs to reiterate what it said in Chevron.

Oren
Craig Oren

In Chevron, the Supreme Court reviewed a lower court decision holding that the Environmental Protection Agency (EPA) could not adopt a plant-wide definition of the term “stationary source” (a fixed emitter of pollutants).