Kavanaugh’s views on EPA’s climate authority are dangerous and wrong
Donald Trump’s latest Supreme Court nominee Brett Kavanaugh accepts that humans are causing global warming and we need to take action to stop it. The problem is that he doesn’t trust the experts at EPA to do so and wants to erode their authority to regulate carbon pollution.
Chevron is the key
When discussing Chevron and climate change, we usually focus on the company’s legal liability. However, in Kavanaugh’s context, ‘Chevron deference’ is even more important. The term refers to the fact that courts will generally defer to government agency interpretations of laws as long as Congress hasn’t spoken directly to the issue at hand.