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How Supreme Court's upending of precedent puts environment at risk: 'Will cause a massive shock to the legal system'

Uninformed climate decisions that could arise due to the overturning of this rule could also have devastating implications.

Uninformed climate decisions that could arise due to the overturning of this rule could also have devastating implications.

Photo Credit: iStock

The United States Supreme Court has overruled a 1984 case that had guided important regulations on healthcare, safety, and the environment for decades, and reverberations from the decision may be felt for even longer. 

What happened?

Last month, the Supreme Court reversed the Chevron v. Natural Resources Defense Council, a 1984 precedent that The New York Times called "one of the most cited in American law." According to the news outlet, the original ruling required courts to defer to agencies' interpretations of ambiguous statutes as long as these interpretations were reasonable.

Though Chief Justice Roberts stated that regulations previously upheld by courts under Chevron were not subject to challenge for that reason alone, Justice Kagan expressed doubt. 

"The majority's decision today will cause a massive shock to the legal system, 'casting doubt on many settled constructions' of statutes and threatening the interests of many parties who have relied on them for years," Justice Kagan wrote, quoting an earlier opinion, per the Times.

Why is this ruling important?

Justice Kagan noted that some issues rely on the more technical or scientific knowledge that agencies have but courts do not. In other words, the ruling allows courts to decide on subjects where they may lack critical information or expertise.

The NRDC agreed with this sentiment. For instance, the organization states, "Given the complexity of weather patterns, EPA scientists are better equipped than judges at determining how much a state should curb its air pollution in order to protect people living in other states downwind."

Uninformed climate decisions that could arise due to the overturning of this rule could also have devastating implications. We are already seeing extreme weather — which is exacerbated by an overheating planet. For instance, the first half of 2024 saw catastrophic flooding from Florida to Brazil and Afghanistan

Dangerous wildfires have also affected communities worldwide, sweeping through places like New Mexico and the Amazon. Meanwhile, meteorologists predict a near-record number of hurricanes during the 2024 season. While researchers do not necessarily link warming trends to an increased number of strong storms, such trends create conditions for more intense storms.

What's being done about the ruling?

Now that the Supreme Court has made its ruling, the NRDC says it can only be corrected by new Congressional law — "cue, the sands of time," it said.

Still, much progress is being made regarding environmental regulations and other legislation in the United States. For instance, Los Angeles has banned Styrofoam takeout containers, California recently banned plastic produce bags from grocery stores, and towns in rural Virginia are adding over 1 million new jobs by focusing on clean energy instead of coal. Plus, 35 states are getting a combined 500,000 new electric vehicle charging stations, supported by the Inflation Reduction Act.

You can make a difference by voting for pro-climate candidates, changing how you get around, and going green with your investment strategy.

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