What the Chevron Decision Means for U.S. Regulators

Columbia Energy Exchange

On June 28, 2024, the U.S. Supreme Court overturned a 40-year precedent established in the landmark 1984 case, Chevron v. Natural Resources Defense Council.

The precedent, commonly referred to as the “Chevron Doctrine,” gave federal agencies considerable discretion to interpret laws passed by Congress when implementing regulations and policy. But with the court’s new ruling, federal agencies no longer have the final say on how laws are interpreted. Instead, the judiciary will hold that power.

So, how will the new ruling impact energy policy and environmental regulation? What are both proponents and opponents saying about the court’s decision? And what does this mean more broadly for the modern administrative state?

This week host Bill Loveless talks with Michael Gerrard and Jeff Holmstead about the implications of the Supreme Court’s decision to overturn the Chevron Doctrine.

Michael is the founder and faculty director of Columbia’s Sabin Center for Climate Change Law. From 2012 to 2018, he was the chair of the faculty of Columbia University’s Earth Institute. Before joining Columbia in 2009, Michael practiced environmental law in New York for three decades.

Jeff is a partner and co-chair of the Environmental Strategies Group at Bracewell LLP. From 2001 to 2005, he served as the assistant administrator for air and radiation in the U.S. Environmental Protection Agency.