The Nature Conservancy’s Post

One of the things that I talk about in my upcoming #book on #sustainability is on the highest-impact, quantifiable actions that individuals can take in their #Personal, #Professional, and #Political lives to help the planet. Not to spoil the book, but one of the top 5 #climate actions you can take is simple: #Vote. Vote for candidates that believe in climate science at every layer of government. As a crude example - the Inflation Reduction Act is estimated to reduce American #emissions down to 40% of 2005 levels by 2030, a reduction of ~3 billion metric tons of CO2e compared to 2005. Divided by the number of votes for the presidential candidate that authored the bill (81 million), that puts the per-voter impact at around 37 metrics tons of emissions reduced - roughly the equivalent of two and a half years (!) of an average American's emissions. That's a pretty good Climate ROI. But, when we *don't* vote for climate-friendly leaders, we also risk backsliding - like we see in the overturn of the #Chevron doctrine by Supreme Court justices appointed by climate deniers. While it's sad to see, it's also a reminder of the power we all have in this country to influence our country's direction on #sustainability - if we choose to wield it. In short: #vote. #vote. #vote.

Woke up to this disheartening news, courtesy of the Supreme Court. The Chevron doctrine is the foundation of most of our current environmental regulations. The decision to leave the resolution of interpreting complex and ambiguous issues up to the courts rather than agencies (read Subject Matter Experts) with deep scientific expertise will be hugely impactful on the implementation of important environmental regulations relating to everything from coastal hazards to land-based pollution. We are at a climate turning point, not only as Americans, but for the world. At a time when we should not only be preserving and protecting our resources but working to restore them and work collectively to turn the tide on climate change, we are instead facing decreased protections and an active turn away from environmental protection.

I rarely post on social media, but this is worth it. Losing the Chevron Doctrine could have far-reaching consequences for conservation and every other aspect of federal law. Having courts that have the deep subject-matter knowledge necessary to functionally act as a regulator is theoretically possible, but in practice is extremely expensive for both the state and litigants. We don't need to look any further than Colorado where an entirely distinct court system has developed to adjudicate state water law. The system works, but it requires dozens of dedicated judges as well as a large cottage industry of water lawyers, engineers and economists. Judicial regulation is expensive - Several years ago, some excellent research from Philip Womble found that legal, engineering and court expenses for transferring only one acre-foot of water (enough for 1-3 homes) on Colorado's Front Range costs an average of around $10,000, 10-100x more than what it costs in states that use administrative regulation of water law. The Water Court system works for Colorado, but in large part due to its expense, it's a system that hasn't been adopted by any other state (some other states have water courts, but their remit is much smaller compared to CO). Now with the loss of Chevron we're faced with the very real possibility of either asking courts to make decisions on topics for which they do not have the subject matter expertise or ponying up the significant amount of funding necessary to build "water courts" for every aspect of federal law. Neither are appealing - I hope that Congress and the Courts can find another way forward.

Learn more about the recent Supreme Court decision that will have impacts on the people and nature in Pennsylvania:

🚩 This should be on your radar. US laws are often exceedingly ambiguous, and preventing subject matter experts from the process of interpreting and implementation of these laws is (quite literally) dangerous. "Environmentalists fear that the end of the Chevron doctrine will mean the elimination of hundreds of E.P.A. rules aimed at limiting air and water pollution, protecting people from toxic chemicals and, especially, tackling climate change." - NYT https://lnkd.in/gT-s9t5z “Given the dual crises of climate change and the loss of plant and animal species, we need to be top of our game when implementing the many groundbreaking laws that have been passed over the past few years and decades, from the Endangered Species Act to the Great American Outdoors Act." - Kameran Onley, managing director of North America Policy and Government Relations, TNC

For decades, the court’s decision in Chevron U.S.A. v. Natural Resources Defense Council directed judges to defer to the reasonable interpretations of federal agency officials in cases that involve how to administer ambiguous federal laws. The precedent, established in 1984, gave federal agencies flexibility to determine how to implement legislation passed by Congress. The framework has been used extensively by the U.S. government to defend regulations designed to protect the environment, financial markets, consumers and the workplace. Supporters of Chevron, including environmental groups, labor and civil rights organizations and the Biden administration, told the court that Congress often writes broad statutes to give government experts the leeway to address emerging complex problems. Overturning or scaling back the legal precedent, they said, will hamstring and weaken federal agencies and shift power to the courts and Congress. In a lengthy dissent read from the bench, Kagan said the court discarded precedent, unwisely setting up the Supreme Court — and courts in general — as the final arbiter on regulatory matters in which they are not experts. Kagan said that power rightly belongs with federal agencies. “In every sphere of current or future federal regulation, expect courts from now on to play a commanding role,” Kagan wrote in her opinion. “It is not a role Congress has given them. … It is a role this court has now claimed for itself, as well as other judges.” A wide array of conservative advocacy groups have urged the court to overturn Chevron. But petrochemicals billionaire Charles Koch has played a particularly influential role: Conservative legal organizations — the Cause of Action Institute and New Civil Liberties Alliance — that have received millions of dollars from the Koch network, founded by Charles Koch and his late brother, David Koch. Charles Koch is the CEO of Koch Industries and a fierce critic of federal regulations. https://wapo.st/4cJGu3L #environmentalpolicy #environmentalregulation #environmentaljustice

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

From the frontlines #tribalconsultation #pipelines #nepa #nhpa

Chevron deference is no more…now what? #Environmental litigators Jon Katchen and Will Crowther provide key takeaways about #SCOTUS’ ruling and practical implications going forward, including what modified deference-type doctrines may continue. Read more: https://lnkd.in/gZPgVUQH #Chevron #RegulatoryFramework #Deference

This is a significant victory for the principles of limited government and individual rights. The decision reaffirms the importance of judicial review and the separation of powers, ensuring that government agencies are held accountable for their actions. With the Chevron decision no longer binding, we can now look forward to a more balanced and fair regulatory landscape. This landmark ruling empowers businesses, protects individual liberties, and promotes a level playing field for all. I commend the Supreme Court for their thoughtful consideration and commitment to upholding the Constitution. This decision not only strengthens our democracy but also paves the way for a more transparent and accountable governance. #SupremeCourt #ChevronDecision #JusticePrevails