In Loper Bright v. Raimondo, the Supreme Court overturned the Chevron doctrine, reshaping how courts review federal agency decisions. While courts must now determine the “best reading” of statutes themselves, the Court emphasized that many laws delegate real discretion to agencies — and that courts should respect those delegations.
Our new paper examines what this shift means for environmental law. We analyzed nine major environmental and natural resources statutes and catalogued 1,500+ provisions where Congress gives agencies discretionary authority. The findings highlight how courts should approach agency decisions in the post-Loper Bright era.