The Supreme Court weakens federal regulators, overturning decades-old Chevron decision

ABC News – June 28

The U.S. Supreme Court today upended a 40-year-old decision that made it easier for the federal government to regulate the environment, public health, workplace safety, and consumer protections, delivering a far-reaching and potentially lucrative victory to business interests. The court’s six conservative justices overturned the 1984 decision colloquially known as Chevron, long a target of conservatives, with the liberal justices dissenting. The Biden administration’s top Supreme Court lawyer had warned that such a move would be an “unwarranted shock to the legal system.” The heart of the Chevron decision says federal agencies should be allowed to fill in the details when laws are ambiguous and the opinions of such agencies should be afforded deference by the courts. Opponents of the decision argued that it gave power that should be wielded by judges to experts who work for the government.

For an in-depth discussion of this significant decision, please see our latest legal alert here.

News

Supreme Court blocks EPA’s “good neighbor” rule aimed at combating air pollution

CBS News – June 27

The U.S. Supreme Court on Thursday granted emergency relief to block implementation of an environmental rule designed to curb air pollution that travels from certain states into others while a lower court legal challenge proceeds. The so-called “good neighbor” rule requires certain state implementation plans under the Clean Air Act to contain measures to curtail ozone pollution, helping “downwind” states that struggle to meet air quality standards. In a 5-4 decision, the court granted the request from Ohio, Indiana, and West Virginia, as well as energy companies and industry groups, to pause the rule. The majority said that the Environmental Protection Agency (EPA) failed to reasonably explain its federal implementation plan for controlling ozone pollution and that the states and energy industry were likely to prevail in their legal challenge to the plan.

Scientists found another way we’re exposed to PFAS compounds: Through our skin

The Washington Post – June 26

A first-of-its-kind study, published this week in Environment International, has found that per- and polyfluoroalkyl substances, or PFAS — toxic compounds found in everyday beauty and personal care items like sunscreen, waterproof mascara, and lipstick — can seep through human skin and enter the bloodstream. It is known that PFAS can enter the body through contaminated food and water as well as by inhaling polluted air, but it was previously thought that PFAS were unable to breach the skin barrier. In early April, EPA set its first-ever limit on these “forever chemicals” in drinking water, following mounting evidence that the presence of these chemicals in water can pose a health risk to people at even the smallest detectable levels of exposure.

U.S. Supreme Court will take up controversial Utah railway case

Yahoo! News/Deseret Review – June 24

The U.S. Supreme Court on Monday granted review of a portion of an appellate court decision involving the rejection of a permit for the proposed 85-mile Uinta Basin Railway that would connect the basin to the national railway system. While the court said it will not review all components of the District of Columbia Circuit Court of Appeals’ decision in August 2023, it will consider the legality of the ruling which said the Surface Transportation Board erred in failing to analyze the upstream drilling impacts to the environment and downstream refining impacts on Gulf Coast communities that could result from the project. Project backers say a decision by the U.S. Supreme Court could ultimately shape how large-scale infrastructure projects across the country are evaluated and permitted.

California lawmakers reject proposal to curb well-drilling where nearby wells could run dry

Los Angeles Times – June 22

Despite support from Governor Gavin Newsom’s administration, the state Senate last week narrowly rejected a bill sponsored by the California Department of Water Resources seeking to prohibit new high-capacity wells within a quarter-mile of a drinking water well or in areas where the land has been sinking because of over pumping. The bill had been opposed by the agriculture industry, business groups, local governments, and water agencies.

San Diego’s plan to help beach neighborhoods survive, and thrive, as seas rise

The San Diego Union-Tribune – June 25

Six projects proposed for San Diego’s coastal areas are part of a comprehensive campaign to prepare every city neighborhood for the worst effects of climate change — wildfires, floods, extreme heat, and sea-level rise. The projects, from new dunes proposed for Ocean Beach to an earthen dike for La Jolla Shores, are part of a coastal resilience master plan city officials plan to present to the City Council early next year. City officials say they have made significant progress on Climate Resilient SD, the City’s climate adaptation and resiliency plan, including a new policy making climate concerns a factor in ranking proposed infrastructure projects. But the Jan. 22 floods, which displaced more than 1,000 people in southeastern parts of the city, have prompted city officials to decide Climate Resilient SD needs to be updated next year — sooner than expected.