The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in which intellectual property rights (IPRs) pertaining to genetic resources (GRs) and associated traditional knowledge (ATK) are handled is the main source of this dissonance.

On June 28, 2024, the U.S. Supreme Court overruled Chevron v. Natural Resources Defense Council, concluding that courts have a constitutional and statutory obligation to exercise their “independent judgment” when deciding whether a federal administrative agency has acted within its statutory authority. As Justice Neil Gorsuch noted in concurrence, the Court’s decision “places a tombstone on Chevron no one can miss.” This Comment discusses the Court’s decision and its implications for legal challenges to federal agency actions.