The Supreme Court is taking up a case aimed at killing off the Chevron deference. Overturning the doctrine would have major implications for the Biden administration’s climate agenda.
In the past six years, agencies lost 70 percent of Supreme Court cases that addressed, Cato found. Instead, the high court increasingly “has been applying the rules of statutory interpretation even more closely,” Cato wrote. That includes, which strengthened and for the first time named the “major questions” doctrine as a way to strike down regulations.since it is still Supreme Court precedent.
Climate change is one major area where that approach has been brought to bear. Although Democrats passed major clean energy investments in recent years, Congress has been unable to agree on almost any significant new regulatory power for EPA on climate change. “Biden’s environmental and energy agencies were already facing a heavily tilted playing field in the federal judiciary,” Goodwin said. “I think eliminatingMuch will depend on whether the Supreme Court gives the lower courts any new guidance on deference, Goodwin noted. One silver lining for proponents of climate rules: The Clean Air Act requires lawsuits over most air regulations to go straight to the D.C.
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