Jody Freeman Profile picture
Harvard Law Professor, Climate/Energy Expert, Former WH Official, Founder/Faculty Director of @HarvardEELP
Jun 26, 2022 4 tweets 1 min read
1/4 Tomorrow we might see the climate case. Latest thoughts on possible outcomes:
1. Bad but manageable - Court reads Clean Air Act narrowly; no mention of major questions doctrine or Chevron; constrains EPA but leaves agency room to set meaningful standards for power sector. 2. Worse - Court says when agencies do important things they need explicit authority from Congress - broad delegation of power will not be enough. Worse than "this statute doesn't let EPA to do this one thing here." Broader implications to block regulation across admin state.
Jun 24, 2022 4 tweets 1 min read
Here's what I just said to a Politico Reporter asking for speculation on the climate case after the gun + abortion decisions:
1. Based on those cases, the Court seems unleashed and prepared to do sweeping things, whatever the consequences... 2. Chevron is dead or on life support. There's no indication in recent statutory cases that the Court cares at all what agencies think about the statutes they administer. So EPA cannot expect any respect for its view of the Clean Air Act.