Environmental Law

Envt'l Law News Fall 2016, Vol. 25, No. 2

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

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