‘Everything Is Vulnerable’: The Supreme Court Just Put Climate Regulation on Notice

The court gave itself much more authority to interpret laws, and environmental lawyers say they’re sensing a lot of hostility toward green regulations.

Refinery emissions
Several attorneys told NOTUS that they expect the court’s ruling on Chevron to strengthen challenges to Biden’s environmental regulations. Charlie Neibergall/AP

Environmental lawyers have been preparing for this moment for years: The Supreme Court has rendered many climate regulations newly vulnerable to legal challenges.

By overturning Chevron deference, the courts are giving themselves more authority to interpret laws — a fact that’s frightening environmental leaders, who say scientists and technical experts will lose decision-making power.

Companies, too, that have cheered the opportunity to challenge burdensome regulations will have to reckon with possible unpredictability in the courts.