by Nick Pope
The Daily Caller
The Supreme Court issued a major ruling Friday that curbs the power of the administrative state, with the Environmental Protection Agency (EPA) and the Biden climate agenda being among the decision’s biggest losers.
The highest court in the land ruled by a 6-3 vote to overturn a legal theory that gives unelected bureaucrats greater powers in its decision in Loper Bright Enterprises v. Raimondo. The Supreme Court’s decision to overturn that legal theory, known as Chevron deference, will have massive implications for some of the Biden EPA’s signature regulations and for the agency moving forward, according to environmental law experts and former EPA personnel who spoke with the Daily Caller News Foundation.
The new legal environment could cause problems for signature Biden EPA rules, such as power plant emissions reduction regulations and tailpipe standards that will aggressively shift the American auto market toward electric vehicles over the next decade…
“This is huge. And it’s more than just Chevron, if you take the June 2022 decision in West Virginia v. EPA, and then you bookend that with this decision to overturn Chevron, then a lot of EPA regulations, illegal EPA regulations, can go away. Excessive regulation can go away,” Steve Milloy, a senior legal fellow for the Energy and Environment Legal Institute and a former member of the Trump EPA transition team, told the DCNF. “And then, if you add the Trump administration running EPA and Department of Justice on top of that, companies will be able to petition EPA and petition the Department of Justice, and sue and settle.”
However, Milloy emphasized that a potential Trump administration would need to carefully and strategically navigate the new legal landscape to ensure that major efforts to deregulate the economy achieve enduring success.
