Environmental Law
Envt'l Law News Fall 2016, Vol. 25, No. 2
Content
- 2016-2017 Environmental Law Section Executive Committee
- California Chemicals Regulation After Tsca Reform
- California Groundwater Management: Laboratories of Local Implementation or State Command and Control?
- Editor's Note...
- Environmental Law News Publications Committee
- New Standards for Ceqa Analysis of Greenhouse Gas Impacts
- Regulating Groundwater in California: How the Landscape Is Changing with Sgma
- Table of Contents
- The Evolving Regulation of Tce Vapor Intrusion Issues
- Powering Down Chevron? Chevron Deference and the Clean Power Plan Litigation
POWERING DOWN CHEVRON? CHEVRON DEFERENCE AND THE CLEAN POWER PLAN LITIGATION
by Julia E. Stein*
Julia E. Stein
INTRODUCTION
For those litigating in the field of environmental law – or other fields of administrative law – it’s become hard to imagine the world without the doctrine of Chevron deference. Established by the United States Supreme Court in the 1984 decision Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. ("Chevron v. NRDC"), the doctrine establishes the legal test for reviewing an administrative agency’s interpretation of a statute, and accords significant judicial deference to such interpretations provided Congress has not "directly spoken," via the plain language of the statute, on the question at hand.1