Chevron Doctrine Archives - Page 2 of 3

Chevron Doctrine

A Paper Tiger?

Trump is proposing big changes to CEQ regs. But they may not matter.

The Trump Administration is trying to gut the current White House rules on environmental impact statements. Some people view this move as a death blow to an important environmental tool. Here’s what Trump is trying to do and why it may not matter as much as people fear. As to what Trump & Co. are …

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The Witching Auer

The Supreme Court rules on deference to agency interpretations.

The Court’s opinion in Kisor v. Wilkie was eagerly awaited by administrative law experts. It is one skirmish in the ongoing war over deference to agencies. In this case, the issue was whether to overrule the Auer doctrine, which requires courts to defer to an agency’s reasonable interpretation of its own regulations. This doctrine, like …

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Regulatory Reform: A Progressive Vision

A new Issue Brief provides practical proposals on how to improve regulation.

For over three decades, “regulatory reform” has been an aspiration chiefly for opponents of regulation. Everyone agrees that regulation could be improved. But too many proposals for change are designed to undercut protection of the environment, public health, and civil rights. What would regulatory reform look like if you actually want to improve regulation rather …

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Two Years and Counting: Looking Forward

What’s the prognosis for the second half of Trump’s term?

In terms of regulatory policy, the second half of Trump’s term is shaping up to look a lot like Obama’s final two years in office. Congress won’t be doing much to advance Trump’s environment/energy agenda, as was the case with Obama. So, like Obama, Trump’s focus will be on administrative action, particularly regulatory initiatives (or …

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Progressive Regulatory Reform

Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?

Until recently, you could be a very well informed American – a lawyer, even – without ever having heard of the Chevron doctrine. That has changed enough that last month the New Yorker had a “Talk of the Town” essay discussing Kavanaugh’s views of the Chevron doctrine. The reason for the attention to Chevron is …

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EPA Makes a Pit Stop at the “Chevron” Station

EPA’s latest proposed rollback relies heavily on the Chevron Doctrine.

The ACE rule, The Trump Administration’s proposed rule for carbon emissions in the carbon sector, purports to regulate greenhouse gases from power plants. Its real goal seems to be minimizing the burden on coal-fired plants. Legal Planet has already carried some excellent posts about the proposal’s policy flaws. I’d like instead to talk about its …

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Trump’s Contradictory Policies

Trump’s policies clash with each other remarkably often.

A certain amount of policy inconsistency is inevitable in any Administration. But the Trump Administration seems to be breaking all records. The Administration does have strong impulses. The trouble is that its goals keep colliding. Here are some examples. Favoring gas at the expense of coal. . . And vice versa. Trump wants to promote …

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The Chevron Doctrine: Is It Fading? Could That Help Restrain Trump?

The Supreme Court may be shifting the rules for reviewing agency interpretations of statutes.

In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court’s current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by agencies like …

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Agency U-Turns

Policy reversals are likely to be more frequent in an increasingly polarized society. How should courts respond?

The Trump Administration is doing its best to wipe out Obama’s regulatory legacy. How will the courts respond to such a radical policy change? The philosophical clash between these last two Presidents is especially stark, but this is far from being the first time that agencies have taken U-turns. This is the fifth time in …

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Mercury Rising: The Court Reverses EPA’s Regulation

This was not a great decision for EPA, but it could have been much worse.

The Court has just now decided the Michigan case, involving EPA’s mercury regulation. As Ann Carlson explained in an earlier post, a lot was at stake in the case. The Court ruled 5-4 against EPA. This passage seems to be key to the Court’s reasoning: One would not say that it is even rational, never mind …

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The COP28 Halftime Report

Has the annual UN climate conference grown too big to function? Takeaways from Week 1 of COP28 in Dubai.

Pearl Harbor Today

82 years after the attack, what is the state of the harbor?

A $1 Billion Investment in the ‘New Forest Economy’

A global group of governors just issued a call-to-action for more flexible funding for forest protection. Here’s why that’s important.

Is “carbon management” just another COP-out?

Fudging the differences between carbon capture and carbon removal risks weakening climate action

Addressing Corruption In Electric Vehicle Battery Supply Chains

New CLEE/NRGI issue brief offers solutions

The New Frontier of Methane Regulation 

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 

When Communities Take Over Their Energy Systems

Is Local Control A Good Thing? It’s Complicated . . .

Climate Change and the Hard-Headed Realist

Henry Kissinger showed that you don’t have to have a shred of idealism to favor climate action.

Why Do Small Changes in Global Temperature Matter So Much?

One problem is that we’ve pursued optimization rather than robustness.

Climate Backlash

Vicious attacks on climate progress are on the rise.

A Guide to Environmental Law Centers

There are twenty and the list is growing.

Evolving Air Quality Standards

The standards have gotten tougher. Compliance still lags.

Who Should Own Our Electric Utilities?

Voters in Maine rejected a ballot initiative to buy out private utilities, but the campaign reflects a growing interest in public power.

Climate Policy in the World’s Fourth Largest Country

In case you’re wondering, that would be Indonesia in terms of population.

How to Get to Zero Emissions at the Ports

A new report by UCLA and UC Berkeley examines policy solutions to accelerate deployment of zero-emission cargo handling equipment at the Ports of Long Beach and Los Angeles.

Chevron Doctrine

Trump is proposing big changes to CEQ regs. But they may not matter.

The Supreme Court rules on deference to agency interpretations.

A new Issue Brief provides practical proposals on how to improve regulation.

What’s the prognosis for the second half of Trump’s term?

Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?

EPA’s latest proposed rollback relies heavily on the Chevron Doctrine.

Trump’s policies clash with each other remarkably often.

The Supreme Court may be shifting the rules for reviewing agency interpretations of statutes.

Policy reversals are likely to be more frequent in an increasingly polarized society. How should courts respond?

This was not a great decision for EPA, but it could have been much worse.

TRENDING

Has the annual UN climate conference grown too big to function? Takeaways from Week 1 of COP28 in Dubai.

82 years after the attack, what is the state of the harbor?

A global group of governors just issued a call-to-action for more flexible funding for forest protection. Here’s why that’s important.

Fudging the differences between carbon capture and carbon removal risks weakening climate action

New CLEE/NRGI issue brief offers solutions

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation.

Is Local Control A Good Thing? It’s Complicated . . .

Henry Kissinger showed that you don’t have to have a shred of idealism to favor climate action.

One problem is that we’ve pursued optimization rather than robustness.

Vicious attacks on climate progress are on the rise.

There are twenty and the list is growing.

The standards have gotten tougher. Compliance still lags.

Voters in Maine rejected a ballot initiative to buy out private utilities, but the campaign reflects a growing interest in public power.

In case you’re wondering, that would be Indonesia in terms of population.

A new report by UCLA and UC Berkeley examines policy solutions to accelerate deployment of zero-emission cargo handling equipment at the Ports of Long Beach and Los Angeles.

Some thoughts for Environmental History Week.

Bolthouse Farms and Grimmway Farms are technically no longer plaintiffs in the lawsuit they launched. But their water war wages on.

Here are key takeaways from the Sunnylands Statement on Enhancing Cooperation to Address the Climate Crisis ahead of the UN climate talks in Dubai.

Vicious attacks on climate progress are on the rise.

Is Local Control A Good Thing? It’s Complicated . . .

Nations, companies, and NGOs are targeting methane like never before using satellite data. A new UCLA paper outlines what that could mean for regulation. 