A consequential week ahead for energy and climate
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Two events this week will help shape energy and climate policy — a Supreme Court ruling and the Biden-Trump debate that could be a pivotal campaign moment.
Why it matters: SCOTUS will likely curtail executive powers to regulate without explicit congressional instruction.
- The conservative majority is expected to weaken or overturn "Chevron deference."
- This doctrine gives agencies' interpretations a wide berth when underlying statutes are silent or vague on a topic.
- The upcoming decision will play into challenges to President Biden's climate rules on power plants, tailpipes and more — and influence future rules.
State of play: Conservatives argue the balance of powers is out of whack, with agencies claiming expansive authorities Congress didn't envision or bless.
- Chevron defenders say it's vital to give executive branch experts leeway to respond to evolving conditions and threats — including climate change.
- The case at hand is about fisheries regulation but comes as bedrock environmental laws are decades old, with few political openings for major overhauls.
- It will have an additive effect alongside a 2022 ruling that holds regulators' actions on "major questions" need explicit marching orders from Congress.
The intrigue: Axios Pro: Energy Policy's Nick Sobczyk took the pulse on Capitol Hill ahead of the Chevron ruling.
- He found Democrats worried about the outcome and Republicans welcoming the expected ruling.
- But that's just a thumbnail of his deeper reporting and I recommend subscribing.
📺 Meanwhile, Biden and Trump will debate in Atlanta as polls show an extremely tight contest, and energy and climate will almost certainly surface.
- Biden is almost certain to strongly emphasize the Inflation Reduction Act, which allocates an estimated $783 billion for "clean" energy sources and climate change.
- But one small sign that these topics may not be the tip of the Biden campaign's spear: Communications director Michael Tyler's pre-debate memo Sunday attacking Trump doesn't mention them.
- I'm curious whether Biden makes a climate pitch to young progressive votes, or instead touts record oil and gas output to parry Trump attacks — or maybe both.
Reality check: The CW is that debates are rarely decisive. But they do feed perceptions, and the race is very tight.
