The United States Supreme Court has decided to hear a case that has ramifications over whether courts will have to defer regulatory interpretations to federal agencies over those courts. It involves what’s known as Auer Deference. NCBA Chief Environmental Counsel Scott Yager says that Auer Deference has led federal agencies to write rules that are ambiguous so they can have the power to interpret their own rules.
He says NCBA and other farm and industry groups want the U.S. Supreme Court to overturn the Auer Deference legal doctrine.
Yager says if the Auer Deference doctrine is allowed to continue, it will impact farmers and ranchers in everything from WOTUS to Wetland and ELD rules, as well as many others.
The Auer Deference was used in a wetlands determination case that the High Court chose not to rule on involving Foster versus Vilsack in the 8TH Circuit Court. That case allowed a USDA interpretation of its regulations classifying a 0.8 acre portion of South Dakota producers Arlen and Cindy Foster’s farmland as a wetland.
