What the Chevron Decision Means for U.S. Regulators
Jul 9, 2024
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The podcast delves into the Supreme Court's decision to overturn the Chevron Doctrine, impacting energy policy and environmental regulation. Experts discuss implications for the administrative state, setbacks in environmental regulation, challenges faced by government agencies, and climate change litigation trends globally.
The Supreme Court's overturning of the Chevron Doctrine shifts law interpretation power from agencies to the judiciary.
Limiting agency flexibility post-Chevron Doctrine may impact emission regulations and prompt cautious rulemaking.
Legal scrutiny and delays post-Ohio vs. EPA case highlight challenges in environment regulations and industry compliance.
Deep dives
Supreme Court's Overturn of Chevron Doctrine
The Supreme Court overturned the Chevron Doctrine, a 40-year precedent giving federal agencies broad authority to interpret laws. This decision shifts the power of law interpretation from agencies to the judiciary. Overturning the Chevron Doctrine impacts energy policy and environmental regulation, signaling a significant change in the modern administrative state.
Implications of the Court's Decision on Regulations
The revocation of the Chevron Doctrine limits agencies' flexibility in interpreting laws for regulations. This change may lead to a more cautious approach by agencies in promulgating new rules, affecting initiatives related to emissions from power plants, vehicles, and methane emissions from oil and gas operations.
Legal Precedents and Agency Authority
Recent court decisions, like Ohio vs. EPA, challenge regulatory actions due to insufficient responses to public comments. Such rulings may hinder the promulgation of regulations, impacting agencies and industry compliance. The scrutiny on agency approvals and potential delays highlight the evolving legal landscape for environmental regulations.
Trends in Climate Change Litigation
Climate change litigation is prevalent globally, with the US leading in cases. Legal battles on environmental rights, human rights theories, and damages against fossil fuel companies shape the legal responses to climate change. Ongoing lawsuits, especially against the fossil fuel industry, illustrate the complex legal environment surrounding climate change litigation.
Conclusion of Columbia Energy Exchange Podcast Episode
The podcast episode concludes by thanking Michael Gerard and Jeff Homestead for their insights on the Chevron decision's legal implications. The discussion sheds light on the significant changes in regulatory policies and climate change litigation, emphasizing the evolving legal landscape surrounding environmental regulations and agency authority.
On June 28, 2024, the U.S. Supreme Court overturned a 40-year precedent established in the landmark 1984 case, Chevron v. Natural Resources Defense Council.
The precedent, commonly referred to as the “Chevron Doctrine,” gave federal agencies considerable discretion to interpret laws passed by Congress when implementing regulations and policy. But with the court’s new ruling, federal agencies no longer have the final say on how laws are interpreted. Instead, the judiciary will hold that power.
So, how will the new ruling impact energy policy and environmental regulation? What are both proponents and opponents saying about the court’s decision? And what does this mean more broadly for the modern administrative state?
This week host Bill Loveless talks with Michael Gerrard and Jeff Holmstead about the implications of the Supreme Court’s decision to overturn the Chevron Doctrine.
Michael is the founder and faculty director of Columbia’s Sabin Center for Climate Change Law. From 2012 to 2018, he was the chair of the faculty of Columbia University’s Earth Institute. Before joining Columbia in 2009, Michael practiced environmental law in New York for three decades.
Jeff is a partner and co-chair of the Environmental Strategies Group at Bracewell LLP. From 2001 to 2005, he served as the assistant administrator for air and radiation in the U.S. Environmental Protection Agency.
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