Statement of Nathaniel Keohane
President, Center for Climate and Energy Solutions (C2ES)
June 28, 2024
On the U.S. Supreme Court decision overruling the Chevron deference:
“The Supreme Court’s decision overruling Chevron amounts to an arrogation of power—an assertion of its own dominance over federal agencies and expertise. The lack of humility is breathtaking. For forty years, the Chevron doctrine has been a bedrock of good governance. It recognizes that Congress cannot anticipate every future contingency. It also recognizes that courts lack the information and expertise to apply Congressional intent to what are often highly detailed and specialized topics. Agencies are typically best positioned to understand the specific issues at hand, engage stakeholders, and craft well-designed, smart regulations in line with statutory requirements. And agencies, unlike courts, are ultimately answerable to voters.
“Politicians and judges are not – and cannot be – subject matter experts. Agencies, in contrast, are staffed with them. By jettisoning that common-sense insight, today’s decision needlessly casts doubt and uncertainty over long-settled regulatory authority, complicating decisions for businesses and markets which require predictability to thrive.
“With the scope for agency action limited, it will become even more important for Congress to rise above recent polarization and enact climate and energy policies that will cut carbon pollution, safeguard the health of our communities, and position America for success in the clean energy economy.”
—
To reach a C2ES expert, contact Nora Zacharski at zacharskin@c2es.org.
About C2ES: The Center for Climate and Energy Solutions (C2ES) works to secure a safe and stable climate, by accelerating the global transition to net-zero greenhouse gas emissions and a thriving, just, and resilient economy. Learn more at www.c2es.org.
###