THE MAJOR QUESTIONS DOCTRINE VS. CHEVRON DOCTRINE

by ISABEL ALIA-ARIAS STAFF WRITER

Since 1984, the Chevron doctrine has been a pillar of administrative law. The Chevron, U.S.A, Inc. v. Natural Resource Defense Council case involved a lawsuit challenging the EPA’s ability to define the term “stationary source” in the Clean Air Act. They passed a bill that changed the law so that all companies had to go through a “new source” review if they planned to install any major source of pollutants. The initial definition that the EPA used considered any modification of a plant to go under this review process, but the EPA wanted to adopt a definition that only forced changes to the entirety of the plant to go through the process. Several environmental groups challenged this provision as contrary to the Act. The case was ruled in favor of the EPA resulting in the present in the initial stage, we could predict a similar final outcome. As such, the ICJ’s case confirms what the treaties and agreements imply: The invasion goes against established international law, and consequently, states, international organizations and individuals should hold Russia accountable. creation of the Chevron doctrine. The Chevron doctrine set forth a legal test as to when the Court should defer to the agency’s interpretation. The first step is that the Court asks whether Congress directly addressed the issue by setting a statue. Then if the statute is silent or ambiguous the Court defers to an agency’s reasonable interpretation. In other words, the Chevron doctrine expands the power of executive agencies by upholding certain ambiguous interpretations as long as the reading of the phrase is somewhat reasonable.

Addendum: I would like to remind readers that no matter how many analyses are made of this conflict, this war is raging on with very real consequences for countless innocents in Ukraine. If you had the opportunity to read this article, I would also encourage you to also take the time to make a donation through a reputable charity source, such as the Red Cross or Save the Children, to help those that have seen their lives irrevocably changed by a catastrophe beyond their control.

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