Loper-Proofing Next-Generation Biosecurity Policy

Chevron Deference, recognizing that Congress often drafts statutes broadly, allowed administrative agencies to use their expertise to make policy decisions within those boundaries. Considered settled law for 40 years, this principle played a pivotal role in federal court rulings. However, the decision in Loper-Bright Enterprises v. Raimondo reversed this precedent, creating significant ramifications for biosecurity regulations, including in the domains of public health, biotechnology, and the bioeconomy. After an additional ruling loosened limitations on when suits may be filed, dissatisfied individuals or organizations are enfranchised to contest settled agency decisions without the protection of Chevron. At the heart of Loper-Bright lies the question: how much influence should subject-matter experts hold over the interpretation of ambiguous laws?

This article examines the potential ripple effects of overturning Chevron, focusing on the impact on biosecurity and the bioeconomy, while offering recommendations to advance meaningful policy in the Congressional, Executive, and Judicial branches after Loper-Bright.