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Thursday, September 19, 2024

Attorney General Phil Weiser responds to Supreme Court ruling on Chevron doctrine

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Attorney General Phil Weiser | Official Website

June 28, 2024 (DENVER)—Attorney General Phil Weiser released a statement today regarding the U.S. Supreme Court's decision to overturn 40 years of regulatory law precedent.

"Under 40 years of precedent known as the Chevron doctrine, the Supreme Court has given reasonable deference to federal agencies to implement statutes passed by Congress, notably when a statute is unclear. As the court has consistently acknowledged, it is impossible for Congress to legislate every detail needed to carry out and enforce complex laws," Weiser stated.

Weiser further elaborated on the implications of the ruling in Loper Bright Enterprises v. Raimondo: "With today’s opinion in Loper Bright Enterprises v. Raimondo, the Supreme Court appoints itself as the super regulator. The court says that it knows better than highly trained experts when it comes to protections for the air we breathe, the water we drink, public lands, worker safety, food and drug safety, public safety, disaster relief, public benefits, or any other regulation that affects American lives. The court’s decision in this case threatens to create regulatory uncertainty for businesses, government agencies, and everyday Americans. As a result, it promises not only confusion but also higher costs and greater harms. Rather than clarifying the scope of the Chevron doctrine, the court chose to sow chaos and uncertainty."

He added that state regulations under Colorado law remain unaffected: "Today’s decision does not impact state regulations promulgated under Colorado state law. The Department of Law will continue to work with state agency partners to implement and enforce state regulations."

Colorado was part of a coalition of state attorneys general that filed a court brief defending the Chevron doctrine in Loper Bright Enterprises v. Raimondo.

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