Nisha Noroian’s Post

This first installment examines two U.S. Supreme Court cases that call into question 40 years of precedent related to judicial deference granted to agency rulemakings (Loper Bright Enterprises, et al. v. Raimondo, No. 22-451, and Relentless, Inc. v. U.S. Dep’t of Commerce, No. 33-219). In reviewing these cases, there are indications the Court may overturn its landmark decision in Chevron v. Natural Resources Defense Council, placing new limits on agency power and making it easier for businesses to challenge federal —including environmental — regulations. #ChevronDeference #SCOTUSrulings #agencypower

Saturday's Short Circuit Snippet: Federal circuit courts hand down scores of decisions each week. The staff at Short Circuit read and summarize some of them. And every Friday afternoon, they send out the best legal newsletter in America. And on most Saturdays, I pick my favorite case summary and share it here. Want the full Short Circuit newsletter experience? Then click below and subscribe! Today's summary, containing—trust me on this—absolutely no sarcasm whatsoever, gives us two cases for the price of one (so take that, shrinkflation!):  Nantucket Residents Against Turbines v. U.S. Bureau of Ocean Energy Management and Melone v. Coit: The Hoover Dam was built in five years, two years ahead of schedule. That’s just a random factoid and not in any way intended as commentary on an offshore Massachusetts windfarm that could power 400,000 homes and has been embroiled in environmental review and litigation for nearly a decade. The latter is the subject of these two First Circuit cases rejecting claims under various environmental statutes in lawsuits surely motivated only by altruistic concern for whales, and definitely not at all by Nantucket and Martha’s Vineyard NIMBYs’ worries about the views from their humble estates. #shortcircuit #appellatelinkedin #judicialengagement #constitutionallaw #FirstCircuit #NIMBYs #CJE Institute for Justice https://lnkd.in/g9WHTs4q

News Update: Texas agency to vote Wednesday on expansion of Valero refinery in Corpus Christi Tomorrow, the Texas Commission on Environmental Quality is set to decide the fate of a planned refinery expansion in Corpus Christi, Texas. The three-member Governor-appointed group will vote on a permit that, if approved, would allow Valero to expand its oil refining capabilities at their Corpus Christi West plant. Valero faces an uphill battle after local opponents including Citizens for Environmental Justice secured a legal win from a Texas State administrative law judge last year. The judge is recommending that the permit be denied, because Valero’s planned expansion project fails to meet federal Clean Air Act rules to limit emissions of smog-forming nitrogen oxides, which damage people’s respiratory systems and are linked to long-term lung conditions. “We expect the Commission to accept the fact findings and legal conclusions of the judge who heard all the evidence and determined that this permit should be denied,” said Environmental Integrity Project attorney Ilan Levin. Learn more: https://lnkd.in/eDC2EHvH Photo by Ted Auch, FracTracker Alliance, 2019. Citizens for Environmental Justice, Corpus Christi Caller-Times, KRIS 6 News, For the Greater Good, Deceleration News, Coastal Alliance to Protect Our Environment, FracTracker, Environment Texas, Chispa TX, Texas Campaign for the Environment #environmentaljustice #environment #justice #EIP #oilandgas #valero #expansion #tceq #pollution #nitrogenoxide #texas #corpuschristi

The original Chevron decision allowed the administration at the time to bend rules to favor polluters; the ruling by the court today scraps Chevron to allow industry to skirt environmental regulations and benefit from a do-nothing Congress. Against the background of shifting, principle-free jurisprudence, the only consistent through-line is that the environment loses in federal courts. It is yet another lesson that we need State and City laws and policies to protect human health and the environment. https://lnkd.in/eJ5gVV8d

Perhaps the most consequential case decided by SCOTUS this term could be two cases dealing with the Chevron Doctrine. The doctrine provides that the federal courts will accept an agency's reasonable interpretation of an ambiguous statute that the agency administers — even if that court would choose an alternative interpretation. This doctrine has been around for 40 years, and Justice Antonin Scalia characterized Chevron as the most important administrative law decision in the era of the modern administrative state. The implications of the court abandoning this doctrine would be huge for federal agencies in that much of the rulemaking authority which they have relied on so much lately could possibly vanish. Here is a really good article if this topic interest you. https://lnkd.in/gQwQRpBx The court has just ruled to overturn the Chevron Doctrine. Huge implications for all federal agencies.

Further continued volatility concerning how PFAS substances are regulated/remediated and handled. It's important to have access to the most up to date info in a format that is digestible.

Such an important decision today by the #SCOTUS to overturn what has become known as Chevron deference. This legal construct had been increasingly relied upon by unelected officials running federal and state agencies to expand their authorities beyond legislated intensions. In fact, Chevron deference had become so pervasive that legislators began writing bills with vague language that invited massive overreach by regulatory agencies during extensive rulemakings that were required to implement such laws. We saw this firsthand in #Colorado during the tsunami of rulemakings at the #COGCC (now named Colorado Energy and Carbon Management Commission) after the passage of #SB181. During the numerous rulemaking hearings, the commission's lawyer (on assignment from the state's attorney general's office) repeatedly reminded commissioners that they could (and should) rely on Chevron deference whenever there was a debate about the reach of the rules and authority they were considering. This is a welcome and appropriate decision from the SCOTUS...just years late in its arrival.

Curious about all the recent media attention regarding the long-established Chevron doctrine? Check out the article below from my colleagues, breaking down the Loper Bright decision and what this means for regulated businesses moving forward!

When environmental attorneys talk about PBS, they are generally not referring to Downton Abbey and Sesame Street. In the environmental world, PBS refers to Petroleum Bulk Storage (“PBS”) facilities or, in lay terms, properties with very large oil tanks. If you are considering purchasing a property in New York with large oil tanks, we can assist with due diligence and PBS registration. Click through to learn more: https://lnkd.in/eQwSmMKU #environmentallaw #petroleumbulkstorage #oiltank #realestate #realestatelaw #highlyrated #legaladvice #legalknowhow #responsive #trustedsource #westchesterNYlawyer #personalized #integrity #locallawyer

U.S. Appeals Court Halts Kinder Morgan, Inc. Pipeline Project in Tennessee The Court’s decision resulted from a legal challenge filed by Environmental groups Appalachian Voices and Sierra Club. The groups argued that the pipeline project would harm the environment and pose risks to local communities. The court agreed, finding that the groups had raised "serious questions" about the project's potential impacts. Read more ▶️ https://lnkd.in/efGVQwP5 #pipelinejournal #pipelinenews #pipelineindustry #pipeline #USA #Tennessee