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Attorney General Marty Jackley

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Attorney General Jackley Praises SCOTUS Decision Limiting Federal Agency Authority

FOR IMMEDIATE RELEASE: Friday, June 28, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley praises Friday’s U.S. Supreme Court decision that weakens regulatory authority of federal government agencies.

Justices ruled 6-3 in the case, Loper Bright Enterprises Et. Al. v. Raimondo, to overturn the 1984 Chevron v. Natural Resources Defense Council that required courts to give deference to federal agencies when creating regulations based on an ambiguous law. Friday’s decision ruled that Courts must exercise their independent judgment in deciding whether an agency has acted within its statutory authority.

“For years, federal agencies and bureaucrats went too far in wielding authority over the States and citizens as Congress sat by and did nothing,” said Attorney General Jackley. “It is time to give that authority back to the courts, the states and our citizens.”

Attorney General Jackley had joined an amicus brief supported by 22 Attorneys General that had argued for the repeal of the Chevron precedent. Attorney Generals who also joined the brief were from Alabama, Alaska, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, Tennessee, Texas, Utah, Virginia, West Virginia, and Wyoming.

The SCOTUS decision can be found here: https://www.supremecourt.gov/opinions/23pdf/22-451_7m58.pdf

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