Supreme Court Overrules Chevron Regulatory Doctrine, Decision Will Impact All Federal Agencies Regulation Development Processing.
Today, the U.S. Supreme Court issued a decision overruling the longstanding Chevron doctrine that said, in the absence of a clear statutory statement from Congress, courts should defer to a federal agency’s interpretation of its authorizing statue if the interpretation is reasonable. The Court’s opinion in Loper Bright Enterprise v. Secretary of Commerce states that federal courts must exercise their independent judgment in deciding whether an agency action is consistent with the agency’s statutory authority. In short, federal courts are no longer required to defer to government agencies when interpreting ambiguities in an enabling statute. This would apply to all federal agencies including the Department of Energy, Consumer Product Safety Commission, Environmental Protection Agency, etc. who actively develop end use codes and standards regulations impacting natural gas applications such as DOE’s appliance minimum efficiency regulations, etc. The Supreme Court noted that Loper Bright does not call into question prior cases that relied on the Chevron framework; agency actions that were previously upheld as lawful under Chevron are still valid even though Chevron itself has been overruled. Attached is an AGA Memo that provides a summary of the Loper Bright opinion, authored by AGA’s Matt Agen, Chief Regulatory Counsel, Energy. If you have any questions, please feel free to contact Matt or Tim Parr.
June 2024 Energy and Sustainability Updates of the International Code Council (ICC).
The ICC publishes a comprehensive monthly update on end use energy and sustainable codes and standards that impact the built environment that provides an “ongoing newsletter series that includes updates from the International Code Council’s Energy Team on everything from energy grants to standards development”.
BECS Committee members are encouraged to sign up to receive the newsletter and can contact [email protected] to subscribe. You can Click here to download the June Energy and Sustainability Update. Of particular interest in the June edition, is the Section on Educational Resources and Other Partner Activities that states that the “New Buildings Institute (NBI), in collaboration with ICC, SWA, and NEEP, and with funding from the Department of Energy, developed a series of educational resources to support the transition to electrification.” According to the article, “These resources are aimed at designers, energy auditors, and code officials.” Access to the NBI December 23, 2023 program, High-Efficiency Electrification Technology Training From New Buildings Institute (NBI) is included in the ICC Update and can be downloaded here.
AGA to Host a Natural Gas with Hydrogen Blending Workshop on September 11 & 12, 2024 in Columbus, OH.
AGA is hosting an “exclusive in-person workshop dedicated to advancing your knowledge in hydrogen blending in natural gas. This event will explore key technical and operational topics.” According to the notice, “Our expert speakers will delve into issues such as system design considerations, closed loop testing, the use of underground assets for blended gas delivery, and blending skid design. You’ll also gain insights into hydrogen hubs, the latest research, the evolving regulatory landscape, and hear about various real-world case studies. This workshop is designed for system designers and business decision-makers in the natural gas industry, offering unparalleled opportunities for learning and networking. Don’t miss the chance to enhance your expertise and drive innovation in your organization. Date and Location: September 11 & 12, 2024 at the NiSource offices in Columbus, OH. Agenda and Registration: Workshop Registration Webpage (This event has a registration limit of 125 attendees so act quick!).” BECS Committee members are encouraged to attend the Workshop and/or pass the information on to others within their organization who would benefit from attending.
State Codes Activity Update.
Attached is a weekly feature of the “Friday Update” covering state code calendar activities as presented by the online utility “Fiscal Note,” which is sponsored by APGA and AGA Code and Standards. Please review the update and determine if there are state code activities that impact your service territory or organization.