The End of Chevron Deference and its Impact on the Energy Industry

As is currently well known, on June 28 the U.S. Supreme Court overturned the Chevron Deference, a key foundation of modern administrative law for 40 years. The case, Loper Bright Enterprises v. Raimondo ( Loper Bright ), had nothing to do with energy, but the impact of the decision has significant implications in the energy arena. The order follows a steady drumbeat of U.S. Supreme Court decisions issued during this term and in recent prior ones curbing the regulatory enforcement capabilities of Executive Branch agencies. But while this is a landmark case and would be expected to lead to a host of new legal challenges to agency rules and actions, its practical effect might result in being more nuanced, maybe with some wholly unexpected consequences.