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Shining Light on Farm & Food Policy for 20 Years.
Thursday, November 21, 2024
The Supreme Court's decision overruling Chevron is likely to bolster legal arguments against agency regulations, including environmental and agricultural rules.
The Supreme Court appeared open Wednesday to the idea of dumping, or at least trimming the scope of a 40-year-old legal doctrine that says judges should defer to “reasonable” agency interpretations of statutes in cases where Congress has not been clear enough.
The Supreme Court seems to be searching for a middle ground on the longstanding question of which wetlands should be protected under the Clean Water Act.
Supreme Court Justice Elena Kagan is warning that the court’s decision last week in a highly anticipated environmental case could have a chilling effect on the ability of government agencies and Congress to protect the public from harm. But other critics of the decision don't see think the implications are that dire. One potential test awaits in October with a wetlands jurisdiction case.
The Environmental Protection Agency did not have clear direction from Congress to require power plants to shift from coal to cleaner energy sources, the Supreme Court said in a decision Thursday that could hamstring the agency’s efforts to adopt regulations addressing climate change.
The Supreme Court is considering a case that could restrict EPA’s authority not just to reduce greenhouse gas emissions from coal-fired power plants, but to implement other regulations without explicit congressional authorization.
Members of the Supreme Court expressed concern Wednesday about pollution that reaches navigable waters by traveling through groundwater, but the justices also worried that residential septic tanks could get swept into the regulatory solutions.
For the first case of its new term, the Supreme Court tackled a question that pits the federal government against private landowners: Can areas not currently occupied by an endangered species be designated as critical habitat?
