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The U.S. Supreme Court’s recent ruling that overturned the Chevron doctrine creates legal and regulatory uncertainty for regulated utilities, and may make it more difficult for the federal government to address climate change, Moody’s Ratings said last week.
“The lack of clarity on future EPA mandates increases uncertainty and makes it more difficult for power companies to determine their most appropriate and cost-effective generation mix,” Moody’s said, according to UtilityDive.com.
“The burden of statute interpretation may overwhelm lower courts, causing delays and potential inconsistencies,” the ratings agency said.
Without new legislation, weakened agency power makes it less likely that the U.S. will meet its stated climate goals, raising the risk of heightened climate-related physical risks over the long term, Moody’s also said.
A separate analysis by Jefferies said the decision could curb investments in electric vehicles and the development of safer chemicals used in manufacturing.
Since judges will be required to interpret statutes independently, instead of deferring to agencies such as the Environmental Protection Agency, more litigation could be brought to challenge agency rules, which could limit investments in the EV transition and development of alternatives to PFAS or “forever chemicals,” Jefferies analyst Saree Boroditsky said.
The analyst pointed to Xylem (XYL) as a stock that could be affected if PFAS investments are reduced, and companies including TE Connectivity (TEL), Amphenol (APH), Sensata Technologies (ST) and Littlefuse (LFUS) could be affected.
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