Prof. Kristin Hickman Quoted in E & E News by Politico About the Elimination of Chevon Affecting Clean Hydrogen Industry

Professor Kristin Hickman, associate dean for research & intellectual life, was quoted in E & E News by Politico about how elimination of the Chevron deference could affect the clean hydrogen industry. The progress on increasing clean hydrogen infrastructure has been slowed by the Treasury Department’s delay in finalizing guidance for clean hydrogen tax credits, known as 45V for its place in the tax code. The Department of Energy also has not yet awarded the majority of $7 billion allocated for seven hydrogen hubs from the bipartisan infrastructure law. The Supreme Court decision overturning the Chevron doctrine earlier this year could have wide-ranging implications for hydrogen production, according to legal experts. Because of the ruling, courts can no longer defer to agencies’ expertise when interpreting vague laws. Some legal scholars think that the Treasury Department, in anticipation of litigation, may be taking more time to revise 45V rules so that they stand up better in court. But according to Prof. Hickman said, “There will be an uptick in litigation,” adding that companies should “wait and see” how the courts decide in response to any 45V litigation, cautioning against any assumptions that the Chevron ruling ultimately will be in the industry’s favor.