Energy Agency Public Interest Actions Face Scrutiny Post-Chevron

The US Supreme Court’s decision to eliminate the longstanding Chevron doctrine will ramp up pressure on energy regulators to further explain why their actions are in the public interest, energy attorneys said.

The ruling last week in Loper Bright Enterprises v. Raimondo to roll back the Chevron doctrine upends 40 years of precedent that saw judges often side with federal agencies when faced with unclear legal language.

“The referee was always the federal agency, and now we’re playing a game where there’s no referee other than the court system,” said Jim Noe, a partner at Holland & Knight LLP who ...