Energy Agency Public Interest Actions Face Scrutiny Post-Chevron
Energy attorney Jim Noe was quoted in a Bloomberg Law article exploring how Congress will have to approach drafting legislating to avoid ambiguities that leave interpretation to federal agencies. The article notes the U.S. Supreme Court's decision to end the Chevron doctrine affording deference to agencies' statutory readings signals a shift in how legal standards are applied in the energy sector. Mr. Noe commented, "Now we're playing a game where there's no referee other than the court system," to explain what the ruling means for energy regulations.
"That's no longer an option to have intentional ambiguity, punting it for the federal agency to hopefully resolve it in the way that the members of Congress voting for the law intend," he said.
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Holland & Knight announced the formation of its Chevron Deference Working Team in advance of the U.S. Supreme Court's June 28, 2024, Loper decision, which overturned the Chevron deference doctrine and will lead to a period of regulatory changes and potential legal challenges for some time.