5min snip

Opening Arguments cover image

They Finally Killed Chevron Deference

Opening Arguments

NOTE

Interpretation of the Clean Air Act and the Single Source Rule

The interpretation of the Clean Air Act's Single Source Rule raised the question of what constitutes a single source of emissions. The EPA and Chevron interpreted the rule using the 'bubble theory,' which considered the entire plant as a single source. This approach allowed for balancing increased emissions from one source with efficiency improvements in another to achieve compliance. The Supreme Court supported the EPA and Chevron's interpretation, citing the delegation of authority from Congress. The court emphasized judicial deference to agency interpretations unless in conflict with the statute, rejecting the idea of agencies having more expertise in statutory interpretation than courts. This decision highlighted the importance of agencies following Congress's intent, leading to a conclusion that prioritized the agency's accountability over judicial second-guessing, despite the lack of humility demonstrated by the court in the process.

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