Ohio Eliminates Agency Deference, Splitting With US High Court

The Ohio Supreme Court Thursday ruled that state agencies aren’t owed any deference by courts, breaking from US Supreme Court precedent in a ruling that will benefit industry challenges to state regulation.

The 7-0 decision ends the use of “Chevron” deference in Ohio courts. That deference comes from a 1984 US Supreme Court case giving credence to agency interpretations of ambiguous statutes.

Ohio businesses can now more easily challenge the regulations of dozens of state administrative agencies touching everything from environmental pollution to employment law. While the underlying case involved an engineering firm seeking approval of a permit, the case ...