11
The end of Chevron deference could have sweeping implications for the administrative state
Context Setting
0k
20k
40k
60k
80k
100k
120k
1936 1938 1940 1942 1944 1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972 1974 1976 1978 1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022
Total pages published in the Federal Register
Source(s): Federal Register statistics Ballotpedia United States Federal Courts
Potential implications
⦁ The Federal Register page volume is
likely to decline
⦁ Federal agencies are likely to face
increased legal challenge to their
regulatory authority
–The EPA may struggle to enforce
environmental and CO
2
emissions
regulations
⦁ Currently c. 90% of agency
adjudications pass through the
administrative system
–There are c. 2,000 administrative law
judges, but only 890 federal judges
–A significant narrowing of the scope
of federal agencies -within the limits
of legislation -could lead to a greatly
diminished role for the administrative
system
Surge in federal regulations in 1970’s
driven by expansion of federal
regulation agencies (e.g. EPA 1970,
OSHA 1971, CPSC 1972, NRC
1975, FERC 1977, DOE 1977)
Regan-era
deregulation led to
decrease in
Federal Register
volume
Federal Register
volume peaks
under President
Obama in 2016
Trump
administration
drives significant
deregulation
Technology Policy &Regulatory Geopolitics Climate Market
Federal Register
volume peaks
under President
Carter in 1980