July 9th, 2024

What the Supreme Court's Nix on the Chevron doctrine means for food regulation

The Supreme Court's decision to strike down the Chevron doctrine impacts food regulation, allowing businesses to challenge agency regulations. Concerns arise over risks to food safety, nutrition, and environmental protections, hindering regulatory development.

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What the Supreme Court's Nix on the Chevron doctrine means for food regulation

The Supreme Court's recent decision to strike down the Chevron doctrine, which required courts to uphold federal agency regulatory decisions unless specified by Congress, has significant implications for food regulation. The case, Loper Bright Enterprises v. Raimondo, involved fishing and raised questions about the requirement for fishermen to pay for federal monitors. This decision allows businesses to challenge agency regulations, potentially impacting public health and safety measures. The ruling is seen as jeopardizing food and nutrition policies, including those of the FDA, USDA, EPA, and FTC. Concerns arise over the potential risks to food safety, nutrition labeling, dietary supplements, and environmental protections. The decision empowers companies to contest regulations they find inconvenient, shifting scientific and public health matters to judicial interpretation and hindering regulatory development. This development has been welcomed by the business community but is viewed as a threat to efforts promoting healthier and more sustainable diets. The decision is expected to lead to legal challenges against regulatory agencies, potentially impeding their ability to enforce and develop new regulations effectively.

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Link Icon 6 comments
By @JohnMakin - 3 months
Food regulation is one thing. What's stopping a sitting president from directing his party's governors across the states to appoint judges favorable to their politics (already happening the last 4-8 years). Wink wink, nudge nudge, they get "tipped" after the fact by big business XYZ (the supreme court ruled this is not considered a bribe) to do some terrible thing, sure, here you go.

It's long been an open secret that our politicians are for sale to the highest bidder but it's very difficult for me to understand how the mask can be this far off and people don't know, realize, or seem to care all that much.

By @verdverm - 3 months
Chevron reversal is a high impact ruling that has slipped under the radar for most. Previously, the courts were to defer to the federal agency rules, unless they were egregious. Now, any rule can be challenged and the value set by a judge. Legal experts expect an influx of cases, the consequences unknown but likely significant. Those with money can hire "expert witnesses" and pick favorable courts
By @EricE - 3 months
"Leaves scientific and public health matters to the personal views of judges."

Too bad courts can't do things like admit expert witnesses.

"Casts a chill on developing new regulations development."

Good! Things are ridiculously out of control. Just look at the fiasco going on around raw milk right now - and that's just the tip of the over-regulatory spear.

"For those of us wanting diets to be healthier and more sustainable, it’s a disaster waiting to happen"

Why? How does a lack of regulation prevent you from making your own informed, intelligent choices?

What a piece of crap fear mongering article.

By @threecheese - 3 months
I see something like this quoted frequently in Chevron discussions: “Leaves scientific and public health matters to the personal views of judges.”

Is this accurate? Or would the experts - currently sitting in regulatory bodies, or lobbying somewhere - transition to the courts, similar to how they are used in criminal cases?

Are the “batshit-but-here-for-life” edge case judges really going to be making decisions based on their personal non expert views? Sounds like negligence.

By @rickydroll - 3 months
“When I use originalism,’ Thomas said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’

’The question is,’ said everyone else, ‘whether you can make originalism mean so many different things.’