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Michigan environmental groups, Tribes decry fast-tracking Line 5 tunnel; Pennsylvania egg brand agrees to drop 'free-roaming' label, and a passenger rail funding bill narrowly fails in Montana Senate vote.

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After another campus shooting, President Trump says people, not guns, are the issue. Alaska Sen. Murkowski says Republicans fear Trump's retaliation, and voting rights groups sound the alarm over an executive order on elections.

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Money meant for schools in timber country is uncertain as Congress fails to reauthorize a rural program, farmers and others will see federal dollars for energy projects unlocked, and DOGE cuts threaten plant species needed for U.S. food security.

SCOTUS to decide whether to uphold ‘Chevron deference’

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Friday, June 14, 2024   

Two U.S. Supreme Court cases could change federal agencies' roles in clarifying ambiguous laws.

The cases, Loper Bright Enterprises v. Raimondo and Relentless Inc. v. the Department of Commerce, could overturn what is known as the Chevron deference, the practice of federal courts deferring to federal agencies when sorting out ambiguities in a law. Without it, judges could make the call without agency expertise.

Jim Murphy, the National Wildlife Federation's director of legal advocacy, said this could have sweeping implications for long-standing environmental laws.

"The agencies would be very hamstrung to interpret provisions about how to, for instance, regulate mercury coming out of a smokestack," he said, "or how to regulate PFAS that might be threatening drinking-water supplies."

Murphy said this could make addressing national climate goals more challenging. He thinks agencies might hesitate to address threats such as climate change and PFAS or so-called "forever chemicals." The only way around this would be for Congress to codify the Chevron deference into law.

While this won't affect state law, Murphy said he feels it could be more difficult for states to have strong climate laws. Eliminating the Chevron deference could also spur an increase in cases seeking to dismantle laws such as the Clean Air Act and Clean Water Act. He said the court has used what's known as the "Major Questions Doctrine" to get around the Chevron deference.

"And the Major Questions Doctrine stands for the proposition that if the court thinks that an agency is regulating in a way that has major economic or political implications," he said, "that in order for it to do that, it needs clear direction from Congress."

One example he cited is Sackett v. EPA, a 2023 case that made it all the way to the U.S. Supreme Court. The high court narrowed the agency's definition of "waters of the United States," ending protections for many seasonal streams and wetlands.

Disclosure: National Wildlife Federation contributes to our fund for reporting on Climate Change/Air Quality, Endangered Species & Wildlife, Energy Policy, Water. If you would like to help support news in the public interest, click here.


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