The recent Supreme Court decision ending Chevron deference has affirmed the primacy of the courts in rulemaking by agencies implementing congressional legislation that may be ambiguous.
The Supreme Court’s decision is likely to have implications for the extent to which the US Department of Agriculture and other agencies such as the Environmental Protection Agency have flexibility in rulemaking that affects the agricultural sector.
The US Department of Agriculture recently proposed new rules that would apply to contracting and other issues associated with livestock marketing channels under provisions of the 1921 Packers and Stockyards Act, increasing the likelihood of costly litigation.