Over the last few years, the United States has led the world in the fight against climate change by passing some of the most impactful and largest investments in infrastructure and related regulatory reforms ever. Together, the Inflation Reduction Act and the Bipartisan Infrastructure Law seek to deploy nearly $1 trillion in climate positive infrastructure investment over the next decade.
At the same time, however, the U.S. Supreme Court has issued a series of decisions that together significantly curtail the authority of executive agencies charged with implementing and defending legislation passed by Congress and signed by the President. In its most recent term, the Court issued four such decisions including Loper Bright Enterprises v. Raimondo, which overturns a 40-year precedent and ensures the courts will have a commanding voice over climate policy and regulation for the foreseeable future.
In this episode, Chad Reed unpacks the details and implications of Loper Bright and related Court decisions with Kevin Poloncarz, a partner with Covington & Burling and one of the top climate change attorneys in the United States.
Links:
Supreme Court strikes down Chevron, curtailing power of federal agencies (SCOTUSblog, July 2024)
CleanLaw – Suite of Supreme Court Decisions Undermine Administrative Law
Episode recorded September 12, 2024
Email your feedback to Chad, Gil, Hilary, and Guy at climatepositive@hasi.com.
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