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Tuesday, October 4, 2022

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Supreme Court Has Taken Control of Climate Policy

From the standpoint of those who have feared that this court would explicitly announce that it was overturning Chevron doctrine, today’s result has a dual message. The good news is that, as is Roberts’s preference, the courts did not explicitly overturn the nearly 40-year-old doctrine. Chevron lives — at least for now. That means lower courts, especially the US Court of Appeals for the DC Circuit, which does much of the administrative-law appeals work, can still use Chevron to decide run-of-the-mill cases.

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