Chevron deference

Endangered Deference

The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority’s hostility to agency expertise

Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the …

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Everything You Always Wanted to Know About the Chevron Doctrine

This doctrine, formerly known only to specialists, will play a large role under Trump.

During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before the courts, we’re going to be hearing a lot more about it. …

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Setback for EPA in Regulating Gases with High Global Warming Potential

DC Circuit vacates 2015 rule on HFCs

Today, the D.C. Circuit Court of Appeals vacated a 2015 EPA rule targeting the use of hydrofluorocarbons (HFCs), a class of potent greenhouse gases that are used as refrigerants and propellants for a variety of purposes as a substitute for ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). The court’s decision is a setback for President Obama’s …

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Guest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things

Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.

Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation.  Today, industry and environmental groups supporting EPA will file their oppositions to this request.  The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants.  Dan Farber and I …

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Guest Blogger Joel Eisen: D.C. Circuit Vacates FERC Smart Grid “Demand Response” Rule

Joel B. Eisen is Professor of Law and Austin Owen Research Fellow at University of Richmond School of Law. His scholarly work is available here. Last Friday (May 23), in Electric Power Supply Association v. FERC, a D.C. Circuit panel split 2-1 and vacated Order 745, a Federal Energy Regulatory Commission (FERC) rule designed to …

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Drive a Stake Through Ethanol’s Heart!

Okay, that’s even worse than a mixed metaphor: that’s a Friedmanism.  But it still applies today. Reuters reports: Two U.S. governors asked the United States government on Tuesday to waive this year’s mandate for making ethanol from corn, adding pressure on it to relieve meat producers from high corn prices spurred by the worst drought …

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EPA’s bad week continues — mountaintop removal veto overturned

Cross-posted at CPRBlog. Regular readers of this blog know that on January 13, 2011, EPA vetoed a Clean Water Act section 404 permit issued by the Corp of Engineers for valley fill at the Spruce No. 1 mountaintop removal mine project in West Virginia. This was only the 13th time EPA had used its veto …

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11th Circuit stirs the NPDES pot

Cross posted at CPRBlog. In a decision that shows the power of Chevron deference, Friends of the Everglades v. South Florida Water Management District, the 11th Circuit has upheld EPA’s water transfers rule, which provides that the act of moving water from one waterway to another does not require a National Pollutant Discharge Elimination System …

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Time for NMFS to lead on hatcheries

Demonstrating once again the importance of presidential elections and appointments, the 9th Circuit has upheld the National Marine Fisheries Service’s policy on considering hatchery fish in listing Pacific salmonids.  (Hat tip: ESA blawg.) Hatchery fish can be a boon or a bane to salmon conservation. Because hatchery programs have emphasized production of fish for harvest, …

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