EPA Invokes Supreme Court Ruling to Uphold Power Plant Regulations


The federal Environmental Protection Agency (EPA) has referenced the recent Supreme Court decision in Loper Bright Enterprises Inc. v. Raimondo to defend its recent power plant rule. Despite the Supreme Court’s 6-3 decision stating that courts should not defer to an agency’s reasonable interpretation of an ambiguous law, the EPA highlighted an exception. This exception applies when Congress has explicitly delegated a policy choice to an agency, thus requiring judicial deference to the agency’s scientific expertise. More details on this development can be found in the original article.