Ben Geman
The Supreme Court may indirectly impose fresh limits on how federal regulators can address climate change without explicit congressional blessing.
Driving the news: The court said Monday it will hear litigation about “Chevron deference” — the longstanding doctrine that agencies deserve leeway in writing regulations when statutes are either vague or silent on a topic.
Why it matters: The case is about commercial fishing regulations but has broader implications.
Catch up fast: Last summer, the high court ruled 6-3 that a sweeping (albeit defunct) Obama-era power plant rule violated the “major questions” doctrine.
The big picture: Curtailing “Chevron” could be a one-two punch with last year’s ruling, said Michael Burger, executive director of Columbia University’s Sabin Center for Climate Change Law.
The other side: “The [Chevron] doctrine has been abused and manipulated to allow federal agencies to run” amok, said the office of West Virginia attorney general Patrick Morrisey. Alongside other conservative AGs, Morrisey urged the high court to hear the case.
Of note: A2007 Supreme Court ruling gave the Environmental Protection Agency power to regulate heat-trapping emissions, yet how far the agency can go remains disputed.
The intrigue: The new climate law, authored by Democrats, included language affirming EPA’s Clean Air Act power to regulate heat-trapping emissions.
The bottom line: The next high court term could be big.
Courtesy: (Axios)
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