The U.S. Supreme Court has made a number of important rulings in the past few weeks. One recent ruling, in the case of Loper Bright Enterprises v. Raimondo, dealt a severe blow to the ability of federal agencies – like the Environmental Protection Agency – to perform their duties by overturning the 40-year-old precedent of “Chevron deference”. The Chevron deference rule previously allowed these agencies to interpret unclear laws related to their work, such as making regulations about air pollution, for example. Now judges will decide what these laws mean, which can lead to judges making policy decisions even though they are not elected or accountable to the public.
This decision affects not just the country's legal system but also the ability of agencies to protect frontline communities from harms caused by polluting industries and their cumulative impacts. WE ACT for Environmental Justice Co-founder and Executive Director Peggy Shepard responded strongly to the ruling:
“These short-sighted, dangerous rulings will destroy decades of precedent and progress. Staffed with subject matter experts, many of which have decades of experience in their field, federal agencies are uniquely suited to develop and enforce regulations, not judges. The decisions to remove the essential ability of federal agencies to carry out their fundamental task of issuing regulations based on science, public health, and community needs when implementing laws will create a public health crisis, particularly in communities of color and low-income which have historically been disproportionately burdened by environmental hazards. To appease corporate interests and an increasingly extreme political agenda, these decisions will sacrifice the health and well-being of disadvantaged communities as well as rob them of their legal rights to be protected from environmental harms.
The implications of these decisions mean we will have to increasingly rely on state laws to regulate pollution and protect public health. This represents a significant setback at the federal level, especially at a time when agency-led policies – informed by community input and data – are urgently needed to safeguard environmental justice communities. However, it also presents an important opportunity for state-led legislation to move forward and prevent further damage."
For more details, read Peggy Shepard's full statement here.
