The Supreme Court will soon hear cases that could reshape key environmental laws, including those affecting water permits and agency authority over climate rules.
Pamela King, Niina H. Farah and Lesley Clark report for E&E News.
In short:
- The court will consider a case challenging the EPA’s enforcement of the Clean Water Act, with fossil fuel groups supporting San Francisco's arguments.
- Another case could limit the scope of environmental impact reviews under the National Environmental Policy Act, potentially affecting climate analyses.
- The term may see a revival of the nondelegation doctrine, which could further restrict federal agencies' power.
Key quote:
“The Supreme Court has opened up such kind of amorphous ideas and allowed them to affect agencies’ legal decisions, that it invites departure from the text, departure from the purposes, and it flies to pro-industry policy points.”
— Lisa Heinzerling, Georgetown Law professor
Why this matters:
Some legal experts say the outcomes of upcoming cases could weaken environmental protections and make it harder for federal agencies to enforce rules on issues like pollution and climate change, tipping the balance in favor of industry interests.
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