How much latitude does the EPA have?
In determining how to cut emissions, the Trump administration considered only changes that could be made directly to coal-fired power plants. The Obama administration, in contrast, also considered replacing those plants with electricity from lower-carbon sources, such as natural gas and renewable fuels.
If Congress has given clear direction on the question at issue, courts and agencies must follow Congress’ expressed intent. However, if the statute is “silent or ambiguous with respect to the specific issue,” then courts should defer to the agency’s interpretation of the statute as long as it is reasonable.criticized the Chevron decision as too deferential
Could this case enable the court’s conservatives to curb agencies’ authority by eliminating Chevron deference? Perhaps not. This case presents a less-than-ideal vehicle for revisiting Chevron’s second step.
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