Many of the most consequential decisions affecting U.S. energy and environmental policy over the past decade have been made by the Supreme Court. The incoming Biden administration has made clear that it plans to put climate change front and center across its agenda, suggesting that these issues will not fade from public view or the SCOTUS docket. In addition to cases about Biden’s policies, the Court’s newly strengthened conservative majority may also soon see challenges to past landmark environmental cases such as Massachusetts vs EPA, which made climate action the responsibility of the executive branch and empowered states and others to sue the federal government if it fails to act. The Court may also be asked to hear arguments on foundational administrative decisions such as the “Chevron doctrine,” which gives agencies leeway to interpret laws. How likely is the Court to hear such challenges? What are the possible impacts of overturning these precedents? And what role might the court play in constraining climate progress in the Biden Administration?

To explore these questions, the Energy Policy Institute at the University of Chicago (EPIC) and the Abrams Environmental Law Clinic at the University of Chicago Law School are pleased to present a conversation with Cass R. Sunstein, Robert Walmsley University Professor at Harvard University, and a leading expert on constitutional law and energy and environmental policy. Following opening remarks, Professor Sunstein will be joined in discussion by University of Chicago Assistant Professor of Law Hajin Kim. Professor Kim researches environmental law and firm behavior. Prior to joining the University of Chicago, she clerked for Justice Ruth Bader Ginsberg at the Supreme Court. The Atlantic’s Robinson Meyer, EPIC’s journalism fellow, will moderate.