The Supreme Court could soon gut the ability of federal agencies to limit the pollution that creates smog and causes climate change.
This year, SCOTUS will weigh in on a pair of cases that could overturn or severely limit a foundational principal called Chevron deference. For decades, thanks to the Chevron doctrine, judges have deferred to experts at federal agencies on how to implement a law when there are disputes over interpreting language in legislation. Overturning that precedent would weaken the ability of the Environmental Protection Agency and other federal agencies to regulate industry.
In another high-profile case, SCOTUS will decide whether to stay the EPA’s Good Neighbor Plan. The plan is supposed to prevent smog-forming pollution from one state from drifting into other states. It’s a national strategy for reining in pollution that doesn’t stop at state borders. Around a dozen states are challenging the plan, however, and Ohio and other plaintiffs want the Supreme Court to pause the plan’s implementation while those cases make their way through lower courts.
The Verge has your guide to what’s at stake as SCOTUS considers key environmental lawsuits this year.
Supreme Court ruling kneecaps federal regulators
Cath Virginia / The Verge | Photos via Getty ImagesOn Friday, the Supreme Court overturned a long-standing legal doctrine in the US, making a transformative ruling that could hamper federal agencies’ ability to regulate all kinds of industry. Six Republican-appointed justices voted to overturn the doctrine, called Chevron deference, a decision that could affect everything from pollution limits to consumer protections in the US.
Chevron deference allows courts to defer to federal agencies when there are disputes over how to interpret ambiguous language in legislation passed by Congress. That’s supposed to lead to more informed decisions by leaning on expertise within those agencies. By overturning the Chevron doctrine, the conservative-dominated SCOTUS decided that judges ought to make the call instead of agency experts.
Read Article >SCOTUS pauses EPA plan to keep smog from drifting across state lines
An exterior view of the Supreme Court on June 20th, 2024, in Washington, DC. Photo by Andrew Harnik / Getty ImagesThe Supreme Court decided to press pause on the Environmental Protection Agency’s plan to prevent smog-forming pollutants from drifting across state borders.
Ohio, Indiana, West Virginia, and various trade organizations including fossil fuel industry groups asked the Supreme Court to issue a stay on the plan while they contest the EPA’s actions in lower courts. SCOTUS agreed to put the plan on hold today in its opinion on Ohio v. Environmental Protection Agency. Five justices voted in favor of halting implementation for now, while the remaining justices dissented.
Read Article >- It’s not looking good for the EPA’s ‘Good Neighbor Plan.’
The largely conservative Supreme Court heard arguments yesterday for Ohio v. EPA, and it sounds like SCOTUS is sympathetic to plaintiffs fighting the agency’s Good Neighbor Plan. The plan would force states, including Ohio, to prevent smog-forming pollution from drifting downwind to other states. More than a dozen states are fighting the plan in lower courts, and Ohio wants SCOTUS to force the EPA to pause the plan entirely while those legal battles are ongoing. Whether SCOTUS sides with Ohio now likely points to how it would rule later if any of those cases in lower courts ultimately make their way to SCOTUS.
- Do states need to be better neighbors to each other? SCOTUS will decide.
The Supreme Court of the US will hear arguments today over an Environmental Protection Agency plan that would force states to curb smog-forming pollution before it can drift over to their neighbors. Ohio and other plaintiffs want SCOTUS to stay the EPA’s ‘Good Neighbor Plan’ while their case challenging the agency’s legal authority to impose the plan works through lower courts. You can listen in on oral arguments in Ohio v. EPA at 10 AM EST.
Why a Supreme Court decision on fishing boats could change everything
A view of the US Supreme Court on Thursday, January 4th, 2024, in Washington, DC. Photo by Drew Angerer / Getty ImagesThe Supreme Court heard oral arguments this week on a couple of cases that could completely upend the way federal agencies regulate just about anything in the US. At question is a legal doctrine called Chevron deference that allows federal agencies to interpret laws meant to protect consumers, public health, and the environment. Now, a conservative supermajority in the Supreme Court appears on the precipice of either overturning or limiting the scope of Chevron deference.
The Verge spoke with legal experts about what’s going on and what the Supreme Court’s decisions on Chevron deference could ultimately mean for Americans. “The real question is how far they will go?” says Jody Freeman, director of the Environmental and Energy Law Program at Harvard. “They could in fact, overturn that precedent. And that could lead to considerable uncertainty and chaos.”
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