Kevin Poloncarz, co-chair of Covington's Environmental and Energy Practice Group, was quoted in a Law360 article examining the U.S. Environmental Protection Agency's efforts to rescind Biden-era greenhouse gas emissions rules and its broader proposal to curtail future climate regulation under the Clean Air Act.
Law360 reported that if courts ultimately uphold the EPA's interpretation of its authority, the agency's position could provide a greater degree of regulatory certainty for industry after years of shifting greenhouse gas regulations across administrations. According to Kevin, recent developments in administrative law could reduce the likelihood of future policy reversals tied to changes in political leadership.
"What the administration is supporting to offer is the certainty that in a future administration, since now we have Loper Bright v. Raimondo decided, there can be no flip-flop that would go on, and a change of position and a change of administration would not impact whether or not regulation proceeds," Kevin said.
Law360 further reported that uncertainty surrounding greenhouse gas regulation has been a longstanding concern for regulated industries, particularly as major climate policies have been enacted, challenged, rescinded, and reinstated over the past decade.
"So that answers a question that has been very front-and-center for industry, which does not like being put in this position of having regulatory uncertainty," Kevin added.
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