The Supreme Court's June 2022 decision in West Virginia v. EPA will be remembered for its endorsement of the "major questions doctrine." The new doctrine, as would have been obvious to all participating justices, is designed to function as an exception to the Chevron doctrine, so named for Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc. (1984).
By contrast, this would not be apparent to the casual reader, since Chevron was never mentioned by Chief Justice Roberts in his opinion for the Court, or in the enthusiastic concurrence by Justice Gorsuch. It was mentioned in passing in Justice Kagan's dissent, but not to suggest that the Court should have reviewed the matter under Chevron.
Silence about Chevron is the order of the day in the Supreme Court. The Court last applied the doctrine in 2016, and it appears that the Court cannot decide what to do about it, although it still gets invoked with some frequency in the lower courts.
