We hope this blog can help shed some light on what Chevron was, why it was created, and how environmental advocates may be able to fill the gaps left in its place.
Sackett versus the Environmental Protection Agency (EPA)
On May 25th, 2023, the U.S. Supreme Court issued a 5-4 decision on Sackett v. EPA, No. 21-454. This case follows the recent Supreme Court’s trend loosening environmental protection laws and weakening agency power. Here, the Court’s ruling will shrink the U.S. Environmental Protection Agency (EPA)’s jurisdiction to enforce the Clean Water Act (CWA), by limiting regulatory authority to wetlands only if they have a continuous surface water connection to navigable waters such that they are indistinguishable from these bodies of water.
SCOTUS' Decision in West Virginia vs. EPA Weakens Federal Climate Efforts
On June 30th, the Supreme Court weakened the Environmental Protection Agency’s (EPA) ability to protect the environment. In West Virginia v. EPA, a 6-3 decision authored by Chief Justice Roberts and joined by the other conservative justices, the Court ruled the EPA overreached in its efforts to curb air pollution. This decision forebodes more significant limitations on the EPA and other government agencies’ efforts to effectuate change. The ruling also makes clear what many environmental advocates already knew: the federal government, as currently designed, will not be the leader in the fight against climate change. Grassroots movements, community-oriented advocacy, and mass mobilization are essential in the effort to protect the planet, now more than ever.
