SCOTUS: Agency Deference Is Good Now

Source: The American Prospect
by David Dayen

“Last year, when the Supreme Court stripped the judicial deference granted to federal agencies to make decisions about implementing congressional statutes, many feared that judges would become the only real policymakers in America. Both the executive and the legislative branches would be diminished, and judges would have the power to permit or block virtually anything government attempted. That judicial-centric vision of the future lasted all of 11 months. In a unanimous ruling last week, the Court signaled that judges must exercise ‘substantial’ deference to agencies, at least when it comes to use of the National Environmental Policy Act (NEPA), which requires agency reports on environmental impacts for major infrastructure and construction projects to inform approval decisions.” (06/03/25)

https://prospect.org/justice/2025-06-03-supreme-court-agency-deference-is-good-now/