Jul 1, 2024
NCAE comments on SCOTUS regulatory ruling

The National Council of Agricultural Employers (NCAE) views a recent Supreme Court ruling as a significant win for the agricultural community.

The U.S. Supreme Court has overturned the Chevron doctrine in the case of Loper Bright Enterprises v. Raimondo. The NCAE hailed the landmark decision, which limits the executive branch’s regulatory power over the agricultural sector.

“For the past 40 years, America’s farmers and ranchers have endured federal agencies run amok,” Michael Marsh, President and CEO of NCAE, said in a news release. “America’s agricultural employers operate every day within a dizzying web of government regulations. The H-2A temporary agricultural worker program, specifically, is one of the most heavily regulated areas of the American economy, with an ever-changing set of rules and agency interpretations.”


National Council of Agricultural Employers NCAE


Marsh pointed out the burden of recent regulations, noting three new rules in the past two years addressing wages, safety standards, and employee provisions. He praised the Supreme Court’s decision, stating that it restores balance to the constitutional system and reaffirms the judiciary’s role in impartially administering laws, independent of political influence.

“Despite witnessing the negative impact Chevron inflicted on many industries, including agriculture, Congress has not spoken on this subject for the past 40 years,” Marsh said in the release. “The courts have given federal agencies nearly limitless power to issue regulations and interpretations under the Chevron doctrine, ruling against employers’ challenges to the regulations imposed on them again and again.”

The Supreme Court’s decision in Loper Bright Enterprises and Relentless marks an end to Chevron deference. Chief Justice Roberts emphasized that “agencies have no special competence in resolving statutory ambiguities,” affirming that this role belongs to the courts.

“For the past 60 years, NCAE has advocated for the agricultural employer community, including supporting lawsuits to challenge agency regulations. We hope that, based on the Court’s decision today, we will be able to make those challenges on a level playing field,” Marsh said in the release.

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