Chevron test
Precedent, the Trump Administration, and Endangered Species
A new Trump Administration initiative misinterprets the overruling of Chevron
The Trump Administration’s effort to strip away protections under the Endangered Species Act that had previously been upheld by the Supreme Court. The Administration seems to think they’re entitled to ignore that earlier decision because it was decided under the Chevron test and Chevron has since been overruled. They’re wrong. If it wishes to change the existing interpretation, the agency must give a reasoned argument for doing so that discusses the relevant policy issues, including reliance and the impact of its decision on endangered species.
CONTINUE READINGUpcoming 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 …
Continue reading “Upcoming Regulatory Cases in the Supreme Court”
CONTINUE READINGThe Death of Deference?
Yesterday, the Supreme Court granted cert. in several cases to hear the following question: “Whether the Environmental Protection Agency unreasonably refused to consider costs in determining whether it is appropriate to regulate hazardous air pollutants emitted by electric utilities.” The fundamental issue is whether it was unreasonable for EPA to interpret section 112 to preclude consideration …
Continue reading “The Death of Deference?”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
