Chevron Doctrine Archives

Chevron Doctrine

Upcoming Regulatory Cases in the Supreme Court

Two pending cases could result in big cuts to agency powers

Three weeks from today, the Supreme Court starts its 2023 Term. There are two blockbuster cases on the docket. In one case, the issue is whether to overrule the Chevron case, which has been foundational to administrative law for the past four decades. In the other, the issue is agency power to sanction violations of …

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Unprecedented Legal Questions

The climate crisis is unprecedented. So is its legal fallout.

In teaching my class on Climate Law, I’ve been struck by how many new legal questions courts are confronting as a result of the climate crisis. Dealing with these new legal questions is going to put stress on existing legal doctrines and require courts to rethink some basic principles. Unfortunately, the Supreme Court is pushing …

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Major Questions About the Major Questions Doctrine

You may not have heard of this doctrine but it’s a big threat to innovative regulations.

Unless you’re deeply immersed in administrative law, you may not have heard of the major questions doctrine. It’s a legal theory that conservative judges have used with increasing rigor to block important regulatory initiatives. The doctrine places special obstacles on agency regulations of issues of “major economic and political significance.” In its initial outing, the …

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Liberal Judges Embrace Textualism

Why are these judges suddenly so enthusiastic about Justice Scalia’s approach to reading statutes?

Two of Trump’s major regulatory efforts were recently thrown out by the D.C. Circuit. The liberal judges who wrote the opinions latched onto a conservative theory called textualism, which was most prominently advocated by Justice Antonin Scalia. While judges in an earlier era tried to interpret Congress’s intent in writing a law, textualists focus solely …

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Rethinking Presidential Administration

Giving the President more control of regulation has been a good thing — up to a point.

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date. When Elena Kagan was a professor, she wrote an article called “Presidential Administration.” The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process away from agencies. That trend has accelerated to the …

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Barrett on Standing & Judicial Deference

Her mentor was Scalia, but her style is more like Souter.

With the help of my research assistant, I’ve collected cases by Judge Barrett dealing with standing issues and deference to administrative agencies. Both topics are very relevant to the environment.al crisis. You really can’t draw firm conclusions about her views on these doctrines, but you can draw conclusions about her style. She sticks close to …

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The Kavanaugh Court and the Environment

A new appointment would make Justice Kavanaugh the swing voter. Here’s what that would mean for environmental law.

A new appointment by Trump would shift the Supreme Court well to the right, making Brett Kavanaugh the swing voter in many cases. Kavanaugh has clear views about the powers of agencies like EPA. With him as the swing voter, the main strategy used by Obama to make environmental progress would be off limits for …

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Happy Birthday, Chevron Doctrine!

The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.

Thirty-six years ago today, the Supreme Court decided the Chevron case. The case gives leeway to agencies when their governing statutes are unclear or have gaps. It’s probably the most frequently cited Supreme Court opinion ever. But now the Chevron doctrine is under fire from conservatives, who used to be its strongest advocates. Here’s how …

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The Conservative Assault on Presidential Administration

Are they afraid of “faceless bureaucrats”? Or Democratic Presidents?

Conservatives are on a campaign to reduce agency discretion. They don’t seem to realize that in today’s world, that really amounts to an attack on presidential power. These days, it’s generally not bureaucrats or even cabinet officers who make the real decisions about regulation. It’s the White House. So the campaign against the administrative state …

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Pride Goeth Before a Fall

Trump thinks he can tell courts how to interpret NEPA. He’s wrong.

White House has just released its proposed revisions to the rules about environmental impact statements. The White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. The proposal is marked by hubris about the government’s ability to control how the courts apply the …

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What’s a Major Question? Opinions differ.

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

No, There’s No Scientific Conspiracy About Climate Change

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

A Summer Job, Record Heat, Climate Hope

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Action on Methane

California’s Subnational Initiative

A Radical Proposal Hidden in Plain Sight in the Overshoot Commission Report

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Angry About Stalled Progress on Fossil Fuels? Biden’s Not the Culprit.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Why is there a Carrot Boycott in Cuyama Valley?

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

The Climate Overshoot Commission Releases its Report

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

Upcoming Regulatory Cases in the Supreme Court

Two pending cases could result in big cuts to agency powers

Income-Based Electric Bills: Fact and Fiction

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

California is Suing Big Oil Thanks to Journalism

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Is Capitalism to Blame?

Some people think we need to abolish capitalism to save the environment.

Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Angry About Stalled Progress on Fossil Fuels? Biden’s Not the Culprit.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Why is there a Carrot Boycott in Cuyama Valley?

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

Chevron Doctrine

Two pending cases could result in big cuts to agency powers

The climate crisis is unprecedented. So is its legal fallout.

You may not have heard of this doctrine but it’s a big threat to innovative regulations.

Why are these judges suddenly so enthusiastic about Justice Scalia’s approach to reading statutes?

Giving the President more control of regulation has been a good thing — up to a point.

Her mentor was Scalia, but her style is more like Souter.

A new appointment would make Justice Kavanaugh the swing voter. Here’s what that would mean for environmental law.

The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.

Are they afraid of “faceless bureaucrats”? Or Democratic Presidents?

Trump thinks he can tell courts how to interpret NEPA. He’s wrong.

TRENDING

Scholars don’t know the answer. Nor, apparently, do the federal courts of appeals.

Anyone who thinks otherwise has never met a real live academic. We can barely conspire about where to eat lunch.

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

California’s Subnational Initiative

The Commission’s recommendations on emissions include a fossil phaseout much stronger than anything now proposed, which could materially advance climate action.

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

Two pending cases could result in big cuts to agency powers

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

California’s climate and consumer protection lawsuit against Big Oil was made possible by the past work of journalists. What’s the state of climate journalism now?

Some people think we need to abolish capitalism to save the environment.

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.

Small farmers and rural residents are calling for a boycott against Bolthouse and Grimmway Farms. Here’s what it says about California’s effort to manage groundwater.

A dozen global leaders weigh in on the risk of exceeding the Paris temperature targets and what it means for climate response.

SB 261 first proposed and drafted by CLEE Climate Risk Initiative

Three big cases in the D.C. Circuit will determine the fate of Biden’s vehicle regulations.