Oil Daily - US Supreme Court Takes Aim at 'Chevron Deference'

January 18,2024 – Energy Intelligence Oil Daily

US Supreme Court Takes Aim at 'Chevron Deference'

By Bridget DiCosmo

Filling In the Blanks

The doctrine has long been viewed as a mainstay in executive energy and climate policy, and in recent years has become a target of conservatives and industry officials alleging regulatory overreach. Those statutes often leave wide swaths of text deliberately vague for agencies to fill in the blanks, with the idea that agencies have more technical expertise.

The Chevron ruling instructs courts to defer to an agency’s "reasonable interpretation" of its own guiding statutes, such as the Natural Gas Act or the Clean Air Act, if the statute is vague or ambiguous on an issue, as is often the case with congressional laws.

"The gray area between what Congress intends and what the agency actually does is where the Chevron deference comes into play," consultancy RBN Energy said in a recent blog post.

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