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DAVID BLACKMON: Supreme Court Delivers Crushing Haymaker To The Permanent Bureaucracy

Over the past three and a half years, I have advised clients and colleagues to remain calm as the globalist elites will inevitably succeed in forcing a rapid and premature transition from an energy system based on oil, natural gas, and coal to subsidized alternatives such as wind, solar, and electric vehicles.

The reason for this advice is quite simple: the entire energy transition effort is based on politics, not science, and the political pendulum often swings sharply and suddenly. (Related article: Rep. Harriet Hageman: The Supreme Court's latest Chevron decision is a major win for America — what's next?)

We have already seen this in Europe in recent elections in Italy, the Netherlands, Sweden and the European Parliament, and in all of these elections, as well as upcoming ones in the UK, France, Canada and elsewhere, energy and climate policy excesses are key factors leading to mass voter rebellion.

In the United States, President Joe Biden's utter self-destruction in Thursday night's debate with former President Donald Trump signals the growing possibility that a major pendulum swing is on the horizon with major implications for energy and climate policy in November.

But less than 12 hours after arguments concluded, the U.S. Supreme Court issued a 6-3 decision. Roper Bright Enterprises v. Raimondo The case is arguably the most impactful ruling in years.

The key to this decision is the so-called Chevron's RespectThis is a legal principle established by a court in 1984 in a lawsuit involving a U.S. oil company. ChevronThis doctrine instructs federal courts to defer to legal rulings by federal regulatory agencies that argue that the language of laws passed by Congress is vague and open to interpretation.

As a result of this principle, courts have become hesitant to rule against regulators, even when their regulations clearly deviate from the original intent and scope of the regulatory law.

“If Congress's intent is clear, that's the end of the matter, for courts and agencies must carry out Congress's clearly expressed intent,” Justice John Paul Stevens wrote. The decision was 6-0. In a 1984 opinion: report “But when a statute is silent or ambiguous on a particular issue,” Judge Stevens said, courts should defer to “reasonable interpretations” by competent authorities.

Unfortunately, too often unelected bureaucrats, eager to expand the scope of their political power, interpret law in ways that are entirely irrational and far removed from Congress' original intent.

Since its incorporation into the legal process, Chevron deference has been used as the primary vehicle for the massive expansion of the regulatory and administrative state by the Clinton, Obama, and Biden administrations. Whenever you hear Trump or other Republicans refer to the vast scope of the “shadow government,” they are referring to a monster whose creation would not have happened without Chevron deference.

Nowhere has the expansion of the regulatory state grown more than in the area of ​​energy and climate policy. Under the Biden administration alone, companies seeking to do business in the United States have been hit with a complex array of new regulations from agencies like the Environmental Protection Agency, the Bureau of Land Management, and the Federal Energy Regulatory Commission that increasingly impede their ability to make profits here.

The Lopar Bright incident occurred when the National Marine Fisheries Service (NMFS) Magnuson-Stevens ActThe act required commercial fishing vessels to carry federal observers on board to enforce regulations aimed at preventing overfishing, but NMFS regulations not only required commercial fishermen to be allowed to carry observers on board, but also required commercial fishermen to cover the costs of having observers on board.

The fees paid to observers often exceeded the wages earned by fishermen and their crews, but this requirement had little bearing on the intent or scope of the law.

It would be difficult to overestimate the long-term impact of this ruling. Over the next few years, the impact of Chevron's reversal of concessions on energy and climate policy could be as big as President Trump's reelection.

That's a very big problem.

David Blackmon is a Texas-based energy writer and consultant who worked in the oil and gas industry for 40 years and specializes in public policy and communications.

The views and opinions expressed in this commentary are those of the author and do not necessarily reflect the official position of the Daily Caller News Foundation.

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