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Biden pardons nearly 2,500 nonviolent drug offenders; Israeli security cabinet recommends Gaza ceasefire deal; Report: AL needs to make energy efficiency a priority; Lawmaker fights for better health, housing for Michiganders; PA power demand spurs concerns over rising rates, gas dependency.

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Biden highlights the challenges faced reaching a Gaza ceasefire, progressives urge action on the Equal Rights Amendment, the future of TikTok remains up in the air, and plans for protests build ahead of Trump's inauguration.

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"We can't eat gold," warn opponents of a proposed Alaskan gold mine who say salmon will be decimated. Ahead of what could be mass deportations, immigrants get training about their rights. And a national coalition grants money to keep local news afloat.

Supreme Court decision could impact wildlife and public lands

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Tuesday, September 3, 2024   

A recent U.S. Supreme Court decision could affect public lands and wildlife in places like Wyoming.

In June, the nation's highest court overturned a nearly 40-year-old practice known as Chevron deference, which said when it comes to interpreting a vague law, courts should defer to agency expertise instead of interpreting the law themselves.

The practice has given agencies like the U.S. Fish and Wildlife Service, which oversees endangered species, the Forest Service and the Bureau of Land Management flexibility in making decisions on how a vague law plays out. The new decision tilts the scales, giving courts the final say on ambiguous statutes.

Sam Kalen, professor of law at the University of Wyoming, said the decision is far-reaching.

"That means there's going to be more power, more ability of a court to potentially do something that is, you know, against the entire purpose, if you will, even of the Endangered Species Act," Kalen explained.

In the court's majority opinion, Chief Justice John Roberts wrote Chevron kept judges from judging. In dissent, Justice Elena Kagan said it supported "regulatory efforts of all kinds," including those keeping "air and water clean, food and drugs safe, and financial markets honest."

Over the span of four decades, 70 U.S. Supreme Court decisions and 17,000 lower court decisions have invoked Chevron. Kalen noted the new decision could upset old ones.

"What we have seen in the last, I would say, couple of months is a lot of instances where parties are trying to now reargue issues where Chevron was used as a framework in the past," Kalen observed. "To me, that could be significant."

He added it is too soon to tell if revisiting old court decisions will become a trend.


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