Attorney General Phil Weiser: Supreme Court ruling threatens to create regulatory uncertainty, higher costs and greater harms

June 28, 2024 (DENVER)—Attorney General Phil Weiser released the following statement regarding today’s U.S. Supreme Court decision overruling 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.

“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.

“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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