Supreme Court’s Chevron Decision: A Win for Tribal Sovereignty Amid Government Bureaucracy

In a landmark decision, the Supreme Court recently ruled to limit the Chevron deference, a doctrine that has long granted federal agencies significant power to interpret laws. We are celebrating this ruling as a step towards reducing government bureaucracy and restoring accountability. Among the most impacted by this decision are Native American tribes, who have historically faced numerous hurdles due to federal agency overreach.

For years, federal agencies have wielded the Chevron deference to interpret regulations in ways that have often hindered the progress and opportunities of tribal nations. One stark example is the Lumbee Nation’s prolonged struggle for federal recognition. Despite their rich history and cultural significance, the Lumbee have faced bureaucratic roadblocks that have delayed their recognition and access to federal benefits.

The Supreme Court’s decision to curb the Chevron deference is seen as a positive move towards empowering tribal nations. It provides a clearer path for tribes to challenge federal agency decisions that may not align with their interests or well-being. This shift could open doors for greater autonomy and opportunities stifled by bureaucratic interpretations of laws.

However, tribal nations are urged to approach this newfound empowerment with caution. The history of federal agency decisions impacting tribes is complex and often challenging. Previous decisions enacted by these agencies have had positive and negative effects on tribal communities. Tribes must remain vigilant and informed as they navigate this new legal landscape.

The Native Americans for Sovereignty and Preservation (NASP), a key advocacy group, is closely monitoring the implications of this Supreme Court decision. NASP has announced plans to collaborate with legislators and legal experts to ensure that tribal nations can effectively utilize this ruling to their advantage. Their goal is to develop strategies that will protect and enhance tribal sovereignty in the years to come.

“While the Supreme Court’s decision marks a significant step forward and allows for Tribes to make decisions for themselves, it is essential for our tribes to proceed with caution and strategic planning,” said the Director of NASP. “Any SCOTUS decision that limits the bureaucratic state and its overarching treatment of Tribal Nations and its Citizens is a good thing. We will work diligently with lawmakers and legal experts to ensure this ruling translates into tangible benefits for our communities.”

The Chevron deference, established by the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., has allowed federal agencies to interpret ambiguous statutes. By curbing this deference, the recent decision shifts power away from unelected bureaucrats and back toward elected officials and the judiciary, promoting greater accountability and fairness in the interpretation and application of laws.

WHAT IS THE HISTORY OF THE CHEVON DECISION? A family fishing company, Loper Bright Enterprises, was driven out of business because they couldn’t afford the $700 per day fee imposed by the National Marine Fisheries Service to monitor their operations. This fee was not authorized by federal law but was implemented by the NMFS starting in 2013. This action was permitted under the 1984 Chevron decision, where the Supreme Court ruled that regulatory agencies were the “experts” in their fields and thus should be deferred to in their interpretation of laws. For the past 40 years, this decision has allowed federal agencies to broadly interpret laws to suit their needs, requiring courts to accept these interpretations. Not any more…

As we look towards 2025 and beyond, it is clear that this decision marks a significant turning point. The potential benefits for tribal nations are immense, but so are the responsibilities. By staying engaged and proactive, tribal nations can leverage this ruling to achieve greater recognition, autonomy, and prosperity for their communities.