This year, in a pair of decisions known as Loper Bright, the Supreme Court overruled the Chevron doctrine. As courts begin to apply the principles announced in Loper Bright, important changes are expected to occur within the federal government and its relationship to the states. For example, Congress may begin to write federal statutes with increasing specificity, courts may begin to apply their own reasoned judgment instead of deferring to agency experts in litigation involving the Administrative Procedure Act, and the states may have greater success in asserting their authority over important legal matters within their domain.
These developments in administrative law will likely have a large effect on the realm of environmental and energy regulation. If courts can no longer presume that statutory ambiguities are implicit delegations by Congress to the Executive Branch, how ought Congress, federal agencies, and the states respond to a post-Chevron world?
Featuring:

Prof. Todd Aagaard, Professor of Law, Charles Widger School Of Law, Villanova University
Hon. Lindsay See, Commissioner, Federal Energy Regulatory Commission
Hon. Andrew Wheeler, Partner and Head of Federal Affairs, Holland & Hart; Former EPA Administrator
Moderator: Hon. Thomas M. Hardiman, Judge, United States Court of Appeals, Third Circuit