New Jersey
Scarinci: Chevron Doctrine is Running on Empty – New Jersey Globe
The Supreme Court is poised to dramatically shake up how courts decide legal challenges involving federal regulations. The Court recently heard oral arguments in two cases that ask the justices to abolish (or at least significantly alter) the so-called Chevron doctrine, which has served as a bedrock principle of administrative law for nearly four decades.
Why the Chevron Doctrine Matters
The term “Chevron Doctrine” refers to the U.S. Supreme Court’s decision in Chevron v. Natural Resources Defense Council, which held that courts must defer to a federal agency’s reasonable interpretation of an ambiguous statute that the agency is charged with administering, even if they are inclined to rule another way. Chevron analysis typically involves a two-step process.
In step one, courts examine “whether Congress has directly spoken to the precise question at issue.” If so, “that is the end of the matter,” and courts must enforce the “unambiguously expressed intent of Congress.” Where there is statutory silence or ambiguity, however, step two requires courts to defer to a reasonable agency interpretation of the statutory text, even if the court would have otherwise reached a contrary conclusion.
Courts have relied on Chevron in holding up regulations related to the environment, financial markets, healthcare, and countless other issues. The rationale behind the doctrine is that Congress can’t possibly address every possible legal situation when drafting statutes, and federal agencies have the legal and technical expertise required to fill in the details. Proponents of Chevron also maintain that it prevents judges from substituting their personal policy preferences for agency interpretations.
While Chevron is one of the most cited cases by federal courts in administrative law disputes, it has steadily gained critics, including members of Congress, legal scholars, and Supreme Court justices. One of the most frequent criticisms is that the Chevron doctrine allows agencies to formulate policy under the guise of interpreting statutory ambiguities.
What Oral Arguments Revealed About the Fate of Chevron
The two cases before the Supreme Court, Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo, involve a rule issued by the National Marine Fisheries Service requiring fishing vessels to pay for the costs of observers who monitor compliance with fishery management plans. In both cases, the federal appeals court cited Chevron in holding that the rule is a permissible exercise of the agency’s authority.
In appealing to the Supreme Court, the challengers expressly asked the Court to revisit Chevron. The specific question before the justices is “[w]hether the court should overrule Chevron v. Natural Resources Defense Council, or at least clarify that statutory silence concerning controversial powers expressly but narrowly granted elsewhere in the statute does not constitute an ambiguity requiring deference to the agency.”
During oral arguments, several of the Court’s conservative justices appeared skeptical of the Chevron Doctrine, which is not surprising given that Justice Clarence Thomas and Neil Gorsuch had already suggested that it should be overruled in prior decisions. This time around, they raised serious questions about the doctrine’s future, with Justice Gorsuch raising concerns that “Chevron is exploited against the individual and in favor of the government.” They were joined by Justices Samuel Alito and Brett Kavanaugh, who stated: “Chevron itself ushers in shocks to the system every four or eight years when a new administration comes in, whether it’s communications law or securities law or competition law or environmental law. It’s just a massive change that is at war with reliance.”
Not all of the justices appeared ready to completely end Chevron deference, with all members of the Court’s liberal minority expressing support for the doctrine. They specifically raised concerns that ending Chevron deference would require federal judges to make policy determinations on issues that they know little about.
Justice Elena Kagan used AI legislation as a hypothetical. “Congress knows that there are going to be gaps because Congress can hardly see a week in the future with respect to this subject, let alone a year or a decade,” Kagan said. She noted that Congress would arguably want those “who actually know about AI and are accountable to the political process to make decisions.” Meanwhile, courts don’t “even know what the questions are about AI, let alone the answers,” she continued.
Both Chief Justice John Roberts and Justice Amy Coney Barrett were harder to read than their conservative colleagues, with Justice Barrett particularly concerned about the potential upheaval that could result from overruling the long-standing precedent. Justice Kagan raised similar concerns and specifically asked how the Court might “clarify and articulate the limits of Chevron deference without taking the drastic step of upending decades of settled precedent.”
What’s Next?
While oral arguments can reveal a lot about how a justice is inclined to rule, nothing is set in stone until the Court reaches a final decision. If a majority of justices don’t want to abolish Chevron in its entirely, it may survive in a weakened form.
In either event, federal agencies’ more “assertive” interpretations of federal regulations will certainly be more susceptible to legal challenges. Giving courts more leeway when considering regulatory challenges also significantly increases the risk that a rule is deemed valid by lower courts in one part of the country and invalid in another.
In New Jersey, public libraries are treated as civic infrastructure under state law. They are primarily funded by a mandatory municipal tax under N.J.S.A. 40:54-8, known as the “1/3 mill” formula: 33 cents for every $1,000 of a municipality’s equalized, or true, property value. This minimum must be raised annually for library operations, regardless of local budget pressures.
Many municipalities choose to fund their libraries above this minimum. Libraries often receive additional support from grants, donations, and Friends of the Library groups.
But in municipalities like Princeton, where developers are receiving tax abatements known as PILOTs, or Payments in Lieu of Taxes, that baseline funding can be slowly and quietly eroded.
Under a PILOT agreement, a developer pays the municipality an annual fee instead of conventional property taxes. These agreements can last up to 30 years. The fee is typically far less than what full taxation would generate, and it flows directly to the municipality. The county receives 5 percent. The library receives nothing.
That matters because the 1/3 mill formula runs on equalized property valuation, which is the total taxable value of assessed property in a municipality. When a large apartment complex receives a PILOT, the building’s value is exempt from assessment. Only the land beneath it remains on the tax rolls. A development worth $60 million might contribute the taxable equivalent of a modest vacant lot.
The result: as a town grows — new buildings rising, new residents moving in, new cardholders walking through the library’s doors — the funding formula can stagnate. The tax base the library depends on reflects a version of the town that no longer exists.
The gap has drawn some legislative attention. A 2022 bill proposed adding the value of PILOT-exempt properties back into the equalized valuation used for state aid funding calculations, an acknowledgment that the standard formula fails to account for the full scale of development in PILOT-heavy municipalities. The bill never made it out of committee.
On this episode of New Jersey Politics with Laura Jones: Princeton University students, led by the Whig-Cliosophic Society, NAACP Princeton Chapter, and Vote100, host a non-partisan forum for Democratic candidates vying to replace retiring Rep. Bonnie Watson Coleman in NJ’s 12th District. Student leader Alejandra Ramos joins us. Plus, Assemblyman Mike Inganamort explains why Governor Mikie Sherrill’s proposed shift from “net” to “gross” business taxation could impact small businesses operating on thin margins.
How to attract hummingbirds to your feeder in Oklahoma, what they eat
Discover what fuels hummingbirds on their migration journey and learn how to attract them with homemade nectar.
New Jersey bird lovers, now’s your time to track hummingbirds as they begin their spring return to New Jersey, with an interactive migration map offering a clear look at when the tiny birds are expected to arrive across the state as they head north from their wintering grounds.
With spring 2026 hummingbird migration season under way, the migration map tracks reported hummingbird sitings nationwide, giving New Jersey residents a real-time look at how the birds’ northward journey is unfolding as spring temperatures warm and food sources become available. The birds are already heading into New Jersey, though not North Jersey as much, but you can keep a close eye on the map to track the hummingbirds’ arrival in the state.
When hummingbirds arrive in New Jersey
The migration map shows early spring hummingbird sightings approaching the state — with the first ruby-throated hummingbirds typically appearing here in mid-April, followed by more frequent reports through early May as spring temperatures warm.
According to the Farmers’ Almanac, hummingbirds generally return to New Jersey in mid- to late-April, though North Jersey and New York City start seeing the tiny birds closer to early- to mid-May.
While weather and local conditions greatly impact hummingbirds’ return, most NJ residents see the fast-flapping birds come to their feeders and yards through early May — when sightings really ramp up.
Should you put out hummingbird feeders yet?
Yes — late April is still a good time to put out hummingbird feeders in New Jersey, especially as sightings increase across the state and more birds arrive from the south.
Putting feeders up now can help support early arrivals and won’t interfere with natural feeding habits. Use a simple nectar mix of four parts water to one-part white sugar, and avoid red dye, according to the National Garden Bureau.
Here’s a full story on hummingbird food tips and what flowers to plant to attract hummingbirds to your garden.
What hummingbirds look like in New Jersey
Most hummingbirds spotted in New Jersey are the ruby‑throated hummingbird, a tiny bird — about three inches long — with shimmering green backs. Look for fast wing beats (up to 80 beats per second) and rapid hovering as they sip nectar at tubular flowers and feeders.
Adult males have a distinctive ruby-red throat that flashes in the sunlight, while females lack the red coloring and appear more muted, with pale gray or white underparts.
How to use the hummingbird migration map
The migration map tracks reported hummingbird sightings as birds move north during spring, offering a snapshot of how close they are to New Jersey.
As sightings begin clustering just south of the state, it’s a strong signal that hummingbirds are arriving or will soon — making the map a useful tool to check throughout late April.
Lori Comstock is a New Jersey-based news reporter covering trending news with USA TODAY Network’s Mid-Atlantic Connect Team. She covers news in the Northeast, including New Jersey, Pennsylvania, Delaware, Washington DC, Maryland, and Virginia. Reach her at LComstock@usatodayco.com.
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