ANALYSIS: Agency Power on Life Support in 2025

The US Supreme Court in June ended one longstanding doctrine of agency deference in Loper Bright Enterprises v. Raimondo. In Ohio v. EPA, decided a day before Loper, the high court signaled an interest in severely diluting another.

After a blockbuster year for administrative law, 2025 is likely to see a further weakening of agency power under the Administrative Procedure Act (APA). The Supreme Court is already slated to hear arguments on the viability of the famous “arbitrary and capricious” standard of review, which has historically afforded agencies extreme deference with respect to their own findings ...