| Key legal fights in 2024 could shake up how the government responds to a changing climate for years to come. It all starts next week, when the Supreme Court will hear arguments in Loper Bright Enterprises v. Raimondo. The justices will be deciding whether to scrap or limit a long-standing legal principle — known as the Chevron doctrine — that instructs courts to generally side with how agencies interpret ambiguous federal laws. The court is widely expected to restrict that deference to agencies, potentially tying the hands of the Biden administration to take aggressive climate action. If it nixes the Chevron doctrine altogether, that would mean "an end to a thumb on the scale for agency reasonableness," said Joel Eisen, a law professor at the University of Richmond. "It should be one of the most closely watched energy-related cases of 2024," he said. But lower courts could also reshape environmental regulations this year. Expect battles over how aggressively the government can tackle everything from planet-warming emissions to water pollution. Wetlands and gas projects Conservative and industry groups are fighting to further limit what counts as federal waters, after the Supreme Court scaled back the definition of wetlands in last year’s Sackett v. EPA ruling. The outcome of those lawsuits — filed in numerous federal courts — could reduce protections for wetlands, which play an important role in absorbing carbon dioxide from the atmosphere. The federal approval process for new gas projects also faces judicial scrutiny. Conservation groups are pushing the Federal Energy Regulatory Commission to seriously consider states’ climate targets — rather than issue approvals on the basis that shippers have agreed to purchase gas from projects. That is playing out in a lawsuit targeting a FERC approval for the expansion of a New Jersey gas project. Another lawsuit is likely sometime this year over a $75 million gas pipeline expansion to serve parts of the Pacific Northwest. Courts may also clarify whether FERC must consider emissions estimates when deciding whether to approve projects such as liquefied natural gas export terminals. Climate lawsuits One high-profile case could unlock a new legal claim for Republicans who have attacked so-called environmental, social and governance investing as a threat to the fossil fuel industry. Former Trump-era Labor Secretary Eugene Scalia is spearheading a lawsuit before the New York Supreme Court to block investment firms from accounting for climate risks. But the oil industry also faces an avalanche of climate litigation. Lawsuits by dozens of local governments that claim the oil majors deceived the public about the dangers of fossil fuels are poised to take off in state courts following the Supreme Court's decision today to deny industry bids to block the claims. Now “we can begin to hold these companies accountable for their wrongful conduct,” said Minnesota Attorney General Keith Ellison (D), one of dozens of elected officials suing the industry. And following a massive win for youth climate activists in Montana, a group of young people in Hawaii is hoping for a repeat when their lawsuit against the state’s transportation agency goes to trial in June.
| 
Comments
Post a Comment