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U.S. House Speaker Mike Johnson calls for release of Epstein files amid backlash; Maine works to counter federal setbacks for clean energy projects; Indiana BMV cashes in on driver data; West Virginia's new law increases penalties for child abuse.

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Use of SCOTUS emergency docket draws questions, and whistleblower emails expose a DOJ willing to defy federal courts. Meanwhile, Minnesota's 'red flag' law shows early trends, and farmers and lawmakers sound alarms over privacy and trade.

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Rural Americans brace for disproportionate impact of federal funding cuts to mental health, substance use programs, and new federal policies have farmers from Ohio to Minnesota struggling to grow healthier foods and create sustainable food production programs.

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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