Supreme Court's Chevron, Corner Post Decisions Could Delay Energy Investments, Spur Litigation

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Foley Hoag Partner and Senior Policy Director Basil Seggos recently spoke with Utility Dive on the uncertainty facing the energy sectorfollowing back-to-back U.S. Supreme Court decisions...
United States Energy and Natural Resources
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Foley Hoag Partner and Senior Policy Director Basil Seggos recently spoke with Utility Dive on the uncertainty facing the energy sectorfollowing back-to-back U.S. Supreme Court decisions that limit federal agency authority for new rules and sharply extend the statute of limitations for filing suits for existing regulations under the Administrative Procedure Act. The Supreme Court struck down the Chevron doctrine in Loper Bright Enterprises v. Raimondo and said plaintiffs can sue over regulations for up to six years after they are affected by them, instead of six years after they take effect, in Corner Post v. the Board of Governors of the Federal Reserve System.

"This is going to inject a heightened level of litigation in courts, extraordinary uncertainty in the coming years as to what is permissible and what is not as far as establishing rules and promulgating rules, and will likely hamstring an agency's ability to move quickly," said Seggos.

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