Back On The Grid

Chevron Deference and the Future of Solar QFs

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The Supreme Court eliminating Chevron deference has been made out to be a huge deal. But what is it exactly and who cares? Today we’ll take a look at the original oil refinery case that created Chevron deference in the 1980s, the fishing observer case that eliminated it last month, and some practical implications for our energy system – including a FERC ruling that may decide the future of many solar plus storage projects.

Sources and recommended reading:

  • Congressional Summary of 1977 Amendment to Clean Air Act
  • Broadview Solar Brief, Montana Solar Plus Storage Facility
  • Michigan Law Review: Chevron in the Circuit Courts (2017)
  • Southern Gas Association, Breaking News: Overturned Chevron Deference (June 2024)
  • NYT Justices Limit Power of Federal Agencies, Imperiling an Array of Regulations (June 2024)

    • Timestamps:

    • 00:00-Introduction
    • 01:00-Historical Context
    • 01:55-EPA Bubble Theory
    • 2:50-NRDC Lawsuit
    • 3:20-Two Part Test for Chevron Deference
    • 4:40-Chevron Deference Throughout the Years
    • 7:40-The Elimination of Chevron Deference: Loper Bright
    • 9:00-Energy & Climate Rule Impacts of Chevron Going Away
    • 9:37-Solar Plus Storage Issues in Montana – PURPA
    • 12:30-Courts before Chevron Deference
    • 13:00-Does Deference Even Matter?
    • 14:15-Chevron Deference May be Back One Day
      • ...more
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      Back On The GridBy Nick Sorokin