Chevron Doctrine Overturned

July 11, 2024 – As many of you know, the Supreme Court dealt a major blow to the EPA and all other out-of-control federal agencies last month in Loper Bright Enterprises v. Raimondo, which overruled the 40-year-old “Chevron doctrine”, which allowed federal agencies to fill in the details of their powers—which, predictably, always resulted in agencies choosing to expand their power.

Under the new rule, courts are now instructed to rule on agency powers by using the court’s own judgment about whether a federal agency is right, wrong, or overstepping their authority—instead of deferring to the agency’s interpretation (as courts were previously required to do under the Chevron doctrine).

This new position does not mean that Berkey International is guaranteed to win its case, but the Supreme Court’s new instruction certainly favors our efforts to fight against the EPA’s attempt to selectively redefine Berkey® water filters as a “pesticide” without the required notice or any formal change process (as defined by law in the “APA”, or Administrative Procedure Act) to include Berkey® after 25 years of operating without any regulatory interference.

While courts may now be provided the power to act, one never knows if judges now empowered with this new authority will elect to use it. In our case, Judge Camille Velez-Rive heard Berkey International’s request for an injunction in April 2024 (more than three months ago), but has not yet ruled. Berkey International will be filing a request for a status conference in the next few days, and ask the court to act on our requested injunction and, in effect, take the Supreme Court’s overturning of the Chevron doctrine into consideration in support of our case.

Spread the Word—Share, Repost and Make Your Elected Representatives Aware of the EPA’s Overreach

Our case is getting national attention, with an influential four-term congressman and several publications questioning the EPA’s motives:

In light of the recent overturning of the Chevron doctrine by the Supreme Court, we’re asking you to help us get our lawsuit on the radar of as many elected officials as possible.

Here’s what you can do:

  1. Contact Representative Gaetz’s office (https://gaetz.house.gov/) and ask if he has received any responses from the agency, and urge him to take further actions to hold the EPA accountable and bring the issue to public’s attention.
  2. Call or email your local congressional representative immediately to make them aware of our lawsuit (maybe even sharing some of the links above), and let them know you think it’s unfair—or even unlawful—that the EPA can selectively target Berkey® Water Systems, change long-established rules of commerce without warning, and damage the reputation and livelihoods of a law-abiding US-based company and its employees and retailers around the world. Moreover, the EPA’s actions against Berkey® are depriving countless consumers of Berkey® systems and genuine Berkey® replacement filters for a product they trust and depend on daily.

Your voice could make a difference. Make it heard today!

The Bottom Line

Congress should engage the EPA and ask for justification of its unwarranted attack on Berkey®, the nation’s most trusted provider of gravity-fed household and outdoor water filters. As well, judges should recognize the Supreme Court’s most recent ruling that pushes back on agency overreach, and gives courts the authority to enforce the law and act in the best interests of the American people and American business.

For the latest updates from Berkey®, please visit the “Company News” section on our customer support website.