Seneca Environmental’s Post

The Supreme Court's pending decisions in cases like Loper Bright and Relentless could have devastating consequences for federal agency power and public protections. Our latest policy brief shows how corporate elites and far-right megadonors are pushing to overturn Chevron deference, which would shift power from agencies to courts, leaving Black and brown communities even more vulnerable to exploitation. Read and share this policy brief on Chevron deference, find out why it's a critical issue for Black and brown communities, and learn how it could affect everything from civil and workers’ rights to environmental protections. Read more: https://lnkd.in/gJs5nbyz

Should the principles of agency outlined in Chevron be better clarified? A certain level of agency deference is necessary, but what are the boundaries? The Supreme Court is addressing such a case involving the Magnuson-Stevens Act, with a ruling expected this summer. Chevron is a very important case that has been cited over 18,000 times by federal courts. However, one basic example of a concern would be if an agency changes position and courts face issues with stare decisis. A complicated but very important matter to address.

Horrible news. Throwing out the Chevron Deference means judges, not experts, will interpret things like clean air standards. Who knows a judge that understands 2.5 micro-sized particles are bad for our lungs? What court clerk understands the statistical limits of fishing? Federal agencies have provided this expertise. Congress has deferred to the experts. But the Supreme Court has just undone our system of science-based decision making. "Chief Justice John G. Roberts Jr., writing for the majority, said that “agencies have no special competence” and that judges should determine the meaning of federal laws. Like JUSTICES have competence? See summary in The New York Times.... "Here’s What the Court’s Chevron Decision Could Mean in Everyday Terms The Supreme Court’s decision on Friday to limit the broad regulatory authority of federal agencies could lead to the elimination or weakening of thousands of rules on the environment, health care, worker protection, food and drug safety, telecommunications, the financial sector and more." See (https://lnkd.in/e4GiTM2b)

Could the Occupational Safety and Health Administration (OSHA), the federal agency that sets workplace safety rules be the next target? It's long been a conservative dream: shrinking the federal government. That part of the dream came true when the Supreme Court tossed the 40-year Chevron precedent that boosted the power of government regulators on environmental, labor and other laws. And in upcoming days, the justices may decide on another case, pushed by business and conservative groups, and by Republican attorneys general, which argues Congress violated the Constitution more than 50 years ago when it gave OSHA the power to regulate workplace safety and fine companies when they endanger their workers. Read more from Maureen Groppe: https://lnkd.in/eeSewzcH

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

In a 6-3 landmark decision last week, the Supreme Court reversed a 40 year legal ruling in the Chevron v. National Resources Defense Council case, known as the Chevron Deference. In the 1984 case the Supreme Court voted 6-0, granting relevant federal agencies, such as the EPA, broad power to interpret ambiguous sections of Congressional legislation. Included in the ruling, judiciary deference to the relevant agency in these matters. With this decision, the power to decide on and implement actions required to mitigate harmful impacts to the public and the environment has been removed from experts within the EPA (or relevant agency), and given to federal judges. The impact of this ruling could lay the foundation for future decisions further limiting the power of federal agencies, and hampering actions needed to keep the public safe and the environment from further harm. Read more in the links below: https://lnkd.in/g4aDgnZC https://lnkd.in/gbPSaD-b

Below is a link to a great primer from the Center for American Progress on two, paired cases to be argued before #SCOTUS on Jan. 17, which are likely to end the era of #Chevron deference. Criticism of Chevron v. NRDC is often linked with a misperception that "the administrative state" has proven to be "unaccountable." But what that criticism misses is that there has always been--and remains--political accountability through elected officials. If EPA adopts an unpopular regulation, then the President is the elected official who faces political blowback. And always has. That's why the EPA Clean Power Plan was attacked in Congressional campaign ads as "Obama's War on Coal." No one was thinking, "We can't blame the President for that one; it was drafted by faceless bureaucrats." So I'm just not seeing a problem of administrative-agency accountability. Citizens can always voice their opposition to whatever "an Executive Administrative Agency" does by electing a new Chief Executive--i.e., the President. What citizens can't easily do is replace unelected Supreme Court Justices with life tenure.

Are you curious about the recent supreme court rulings on the administrative state? Check out our blog post on what to look out for now that Chevron deference is a thing of the past. Special thanks to Amy Cassidy for her mentorship and for working with me on this piece!

⚠️ SCOTUS is expected to issue a decision this week around the long-standing precedent called the Chevron deference that has been cited and influenced thousands of other decisions. It determines how courts evaluate a federal agency's interpretation of congressional statutes that guide agency's actions. In 1984, when the Chevron v. National Resources Defense Council ruling around how the US Environmental Protection Agency (EPA) chose to interpret the Clean Air Act was made, Justice Stevens wrote: “When a challenge to an agency construction of a statutory provision, fairly conceptualized, really centers on the wisdom of the agency’s policy, rather than whether it is a reasonable choice within a gap left open by Congress, the challenge must fail. In such a case, federal judges—who have no constituency—have a duty to respect legitimate policy choices made by those who do.” If the Chevron deference fails, government agencies will be hesitant to follow science and instead base decisions off the political and legal landscape, and will have REAL consequences on how agencies tackle our current challenges, like climate change, healthcare, and our food landscape -- areas already in peril. What are your thoughts around SCOTUS's potential ruling especially in light of its recent block of the Good Neighbor Plan?

🚀 Big Shift at the Supreme Court: Chevron Deference Under Scrutiny 🚀 Hello Eminent Community! Exciting developments in the legal world! The Supreme Court is revisiting the Chevron deference, a cornerstone of administrative law since 1984. This doctrine has long allowed federal agencies significant leeway in interpreting ambiguous laws. The court's decision could reshape how agencies enforce regulations – a big deal for all in the federal sphere! Read more about this pivotal moment: https://lnkd.in/exSukKiW At Eminent Future, we recognize the importance of adapting to regulatory changes. This potential shift could impact everything from environmental policies to tech regulations. It's crucial for federal agencies to stay ahead of the curve. We encourage you to dive into the details and share your perspectives. Your insights are invaluable as we support federal agencies in navigating these evolving legal landscapes. Stay connected with Eminent Future for more insights on government operations and how they might affect you. #SupremeCourt #ChevronDeference #FederalAgencies #RegulatoryChanges #EminentFuture #GovernmentInsights