popular articles

United States: Supreme Court reconsiders Chevron deference

The US Supreme Court's deliberation on the Chevron deference could redefine future regulations in the energy and environmental sectors.
Changements Déférence Chevron

Please share:

Chevron deference, a doctrine established in 1984, could undergo significant changes as the Supreme Court re-examines its scope. This judicial principle states that courts should rely on a federal agency’s interpretation of ambiguous statutes, provided the interpretation is reasonable. This deference is crucial for agencies managing complex environmental and energy regulations.

Implications for energy and environmental policies

The Department of Energy (DOE) and the Bureau of Land Management (BLM) could be affected by a potential Chevron retreat. The DOE’s recent pause on LNG export approvals and the BLM’s proposal to offer conservation leases rather than traditional energy leases highlight the agencies’ reliance on broad interpretive authority that could be compromised.

Specific cases and legal arguments

The Supreme Court heard arguments in January concerning Chevron, with conservative judges showing an interest in restricting the doctrine. This change could lead to a loss of flexibility for agencies to fill gaps in statutory laws, especially in technical areas such as energy production and environmental conservation.

Impact on agency decision-making

Legal experts predict that a move away from Chevron could transfer more power to the courts to interpret laws, potentially leading to more rigid and less adaptive regulatory frameworks. Agencies may need to develop more detailed and conservative regulations to avoid judicial challenges.

Potential results and expert opinions

While some believe that the end of Chevron deference could lead to “intellectually dishonest” court decisions as mentioned by David Doniger of the Natural Resources Defense Council, others like Keith Coyle of Babst Calland argue that it could make agencies and courts more disciplined in distinguishing legal from policy issues.

The future of Chevron deference holds significant implications for the way environmental and energy regulations are developed and applied. As the Supreme Court prepares its decision, the potential realignment of interpretive powers between agencies and courts could herald substantial changes in administrative law and regulatory practices.

Register free of charge for uninterrupted access.

Publicite

Recently published in

Turkey plans IPOs for TEİAŞ, EÜAŞ, BOTAŞ, and TPAO. This initiative aims to attract strategic investments and improve the country's key energy infrastructures.
France, the European leader in metallic waste exports, struggles to exploit its recycling potential, particularly for copper, a key element in the energy transition, according to a report by Oliver Wyman.
France, the European leader in metallic waste exports, struggles to exploit its recycling potential, particularly for copper, a key element in the energy transition, according to a report by Oliver Wyman.
Amid international tensions and limited progress in Baku, France stresses the importance of reaffirming the goal of phasing out fossil fuels, highlighting crucial financial and climate stakes for the future.
Amid international tensions and limited progress in Baku, France stresses the importance of reaffirming the goal of phasing out fossil fuels, highlighting crucial financial and climate stakes for the future.
The CRE proposes extending the regulated electricity tariffs (TRVE) to protect households against price volatility and provide essential stability in an evolving market.
The CRE proposes extending the regulated electricity tariffs (TRVE) to protect households against price volatility and provide essential stability in an evolving market.
Donald Trump's selection of Chris Wright as Secretary of Energy could signal a shift in U.S. energy policy, with the resumption of liquefied natural gas (LNG) export permits and reduced investments in renewable energy.
As the UK’s oil and gas decommissioning expenses reach record levels, the industry struggles to meet its obligations, raising concerns about the viability of the energy transition.
As the UK’s oil and gas decommissioning expenses reach record levels, the industry struggles to meet its obligations, raising concerns about the viability of the energy transition.
Cornwall Insight anticipates a rise in the energy price cap to £1,736 in January 2025. This persistence of high prices reflects an unstable market and exacerbates energy poverty in the United Kingdom.
Cornwall Insight anticipates a rise in the energy price cap to £1,736 in January 2025. This persistence of high prices reflects an unstable market and exacerbates energy poverty in the United Kingdom.
Net electricity production in OECD countries increased by 1.1% in August, reaching 981.9 TWh. Solar saw a spectacular 27% growth, while fossil fuels declined in the overall energy mix.
Net electricity production in OECD countries increased by 1.1% in August, reaching 981.9 TWh. Solar saw a spectacular 27% growth, while fossil fuels declined in the overall energy mix.
Electricity Prices in Japan Surge by Nearly 20% Due to a Cold Spell
From the Amazon, Joe Biden affirmed that the transition to clean energy is a major achievement for the United States, addressing an indirect message to Donald Trump, the next occupant of the White House.
From the Amazon, Joe Biden affirmed that the transition to clean energy is a major achievement for the United States, addressing an indirect message to Donald Trump, the next occupant of the White House.
A massive attack with drones and missiles targeted Ukraine's energy infrastructure, causing two deaths and major power outages. Kyiv denounces the intensification of strikes as winter approaches.
A massive attack with drones and missiles targeted Ukraine's energy infrastructure, causing two deaths and major power outages. Kyiv denounces the intensification of strikes as winter approaches.
Chris Wright, a climate skeptic and CEO specializing in hydraulic fracturing, is named Secretary of Energy. He joins Doug Burgum on the National Energy Council to drive the United States' energy dominance strategy.
Chris Wright, a climate skeptic and CEO specializing in hydraulic fracturing, is named Secretary of Energy. He joins Doug Burgum on the National Energy Council to drive the United States' energy dominance strategy.
During COP29 in Baku, Al Gore criticized the organization of climate conferences in petro-states and called for a reform of the selection process for host countries and participants, accusing these nations of conflicts of interest.
To meet its climate targets, French industry will need to double its electricity consumption by 2050, reaching 207 TWh. This energy transition, essential for decarbonization, poses significant technological and economic challenges.
To meet its climate targets, French industry will need to double its electricity consumption by 2050, reaching 207 TWh. This energy transition, essential for decarbonization, poses significant technological and economic challenges.
The 2025 budget, debated in Parliament, foresees a 2 billion euro increase for Energy Transition. Agnès Pannier-Runacher applauds additional amendments for industrial decarbonization and other key measures.
The 2025 budget, debated in Parliament, foresees a 2 billion euro increase for Energy Transition. Agnès Pannier-Runacher applauds additional amendments for industrial decarbonization and other key measures.
In 2024, France reaches an unprecedented level of electricity exports in 22 years, supported by increased nuclear and hydropower production and moderated domestic demand. A strategic success in the European energy market.
In 2024, France reaches an unprecedented level of electricity exports in 22 years, supported by increased nuclear and hydropower production and moderated domestic demand. A strategic success in the European energy market.
The Chinese vice premier announced revised commitments aimed at achieving carbon neutrality before 2060, while pledging increased financial contributions to support developing countries in addressing climate challenges.
At COP29, Brazilian Environment Minister Marina Silva responded to the Azerbaijani president's remarks, advocating for the measured use of natural resources, especially oil, while affirming Brazil’s climate commitments.
At COP29, Brazilian Environment Minister Marina Silva responded to the Azerbaijani president's remarks, advocating for the measured use of natural resources, especially oil, while affirming Brazil’s climate commitments.
Low Risk for France’s Electricity Supply This Winter, Says RTE
Low Risk for France’s Electricity Supply This Winter, Says RTE
At COP29 in Baku, the United Kingdom unveiled an ambitious plan to cut greenhouse gas emissions by 81% by 2035, asserting its leading role in global climate diplomacy.
At COP29 in Baku, the United Kingdom unveiled an ambitious plan to cut greenhouse gas emissions by 81% by 2035, asserting its leading role in global climate diplomacy.
Thai authorities have dismantled nine illegal Bitcoin mining farms accused of stealing over €270,000 worth of electricity. Two suspects have been arrested for large-scale energy fraud.
On the eve of a possible Trump presidency, the United States seeks to reassure its partners on its climate commitment at COP29, amidst North-South tensions and a debate on financial aid for developing countries.
On the eve of a possible Trump presidency, the United States seeks to reassure its partners on its climate commitment at COP29, amidst North-South tensions and a debate on financial aid for developing countries.
Two environmental NGOs are challenging in Scottish court the authorization to drill in the Rosebank and Jackdaw oil and gas fields in the North Sea, denouncing their impact on the UK's climate objectives.
Two environmental NGOs are challenging in Scottish court the authorization to drill in the Rosebank and Jackdaw oil and gas fields in the North Sea, denouncing their impact on the UK's climate objectives.
The German energy sector urges the government to pass key reforms before the planned dissolution of parliament in January, fearing prolonged gridlock following the coalition's collapse.
The German energy sector urges the government to pass key reforms before the planned dissolution of parliament in January, fearing prolonged gridlock following the coalition's collapse.

Advertising