Justice Ketanji Brown Jackson has recused herself from the Loper Bright arguments because she was involved in the case as an appeals court judge. The court agreed to hear both cases, rather than just one, so that the fate of Chevron could be determined by all nine justices. The challengers in both Relentless and Loper Bright oppose a federal regulation requiring owners or operators of fishing vessels to pay the salaries of monitors who are responsible for preventing overfishing. “Isn’t it inviting a flood of litigation, even if for the moment those holdings stay intact?” Barrett said during the Relentless hearing. The court could stop short of all-out erasure of the 40-year-old Chevron doctrine and instead opt to more clearly define how much courts are required to look into what Congress meant an agency to do.ĭuring oral arguments Wednesday, Justice Amy Coney Barrett has questioned how a Chevron repeal would affect the thousands of past rulings where courts had deferred to agencies’ interpretations of ambiguous law. Their decision in that case prevented EPA from requiring power plants to switch to renewable energy. These cases are coming to a boil just two years after the justices made it more difficult for the administration to enact broad climate rules in West Virginia v. That would put a dent in President Joe Biden’s climate agenda, providing fuel for expected legal challenges on everything from EPA’s efforts to limit power plant pollution to the Department of Energy’s planned efficiency standards for a range of household appliances. Raimondo hold broad implications for just about any kind of agency action - and could make judges less likely to acknowledge federal agencies’ authority to limit planet-warming pollution. Department of Commerce and Loper Bright Enterprises v. The high court’s rulings in Relentless v. The stage is set for the Supreme Court to make it even harder for the Biden administration to defend its climate and energy policies in courts across the country.Ī potentially blockbuster ruling expected to come this summer is likely to set limits to a legal theory known as the Chevron doctrine, which tells judges to favor federal agencies’ readings of ambiguous laws, as long as those interpretations are reasonable. A government employee shovels newly fallen snow from the steps of the U.S.
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