Chevron case and ADPF 747: judicial deference to administrative decisions on environmental issues in the Supreme Courts of the United States and Brazil

Abstract

The aim of the essay is to examine the extent of judicial deference to administrative decisions in environmental protection contexts. To this end, it conducts a comparative analysis between the rulings in the case Chevron v. NRDC, adjudicated by the U.S. Supreme Court, and the ADPFs 747, 748, and 749, decided by the Brazilian Federal Supreme Court. The framework provides a concise overview of each case, highlighting their disputed aspects; the primary bases for the decision of each Supreme Court; the reason it is deemed a landmark case for the study of environmental law in the respective country; and, ultimately, whether there is judicial deference to the administrative decision and the degree to which this occurs.