What the Supreme Court is planning for 2025

Presented by Southern Environmental Law Center: Your guide to the political forces shaping the energy transformation

Jun 25, 2024 View in browser   By Arianna Skibell Presented by  A pumpjack dips its head to extract oil north of Helper, Utah, on July 13, 2023 | Rick Bowmer/AP The Supreme Court isn’t finished issuing the last few blockbuster rulings of its soon-to-expire term. But it’s already teed up a case for next year that could heap even more limits on agencies’ environmental protections. While the case centers on the Uinta Basin Railway — a proposed 88-mile rail line designed to transport oil from Utah to coastal ports or refineries — it taps into a larger battle on the speed and scope of federal reviews for energy and infrastructure projects, write Niina H. Farah and Pamela King. Developers have long complained that the environmental reviews mandated under the 1970 National Environmental Policy Act are onerous. For projects ranging from railways to power lines to natural gas terminals, the law requires agencies to examine how the proposal could disrupt habitat, pollute streams and worsen air quality. Republicans are pushing for speedier reviews (especially for oil and natural gas projects), while environmental groups are pressing permitting agencies to go deeper and wider to assess the way gas export terminals, pipelines or Arctic drilling plans might contribute to climate change. The Biden administration has sought a middle ground — in part because the solar, wind and other clean energy projects it champions also need federal permits. In August, a U.S. Court of Appeals determined that the federal Surface Transportation Board had improperly awarded a project for the Utah rail project. The court found that the agency failed to adequately analyze how increased drilling facilitated by the project, along with potential spills, could affect wildlife and coastal communities. Supporters of the rail line argue that those considerations lie outside the transportation agency’s regulatory scope. The Seven County Infrastructure Coalition of Utah is asking the Supreme Court to clarify the powers and limits of the NEPA process. This means the court’s 6-3 conservative majority will have another chance to cut back the scope of environmental reviews — yet again. In 2022, the court limited the Environmental Protection Agency’s ability to regulate carbon dioxide emissions that cause climate change. And last year’s decision concerning the federal government’s definition of “waters of the U.S.” stripped Washington’s protections from many of the nation’s wetlands and waterways. The court’s decision to take the NEPA case comes hours or days before a potentially even more seminal decision — its review of what’s known as the Chevron doctrine. Under the coming Chevron ruling, a conservative majority could make it easier for judges to second-guess the decisions of agencies and their policy experts The result could be massive uncertainty for regulations meant to respond to issues such as climate change, artificial intelligence and health inequities.   It's Tuesday — thank you for tuning in to POLITICO's Power Switch. I'm your host, Arianna Skibell. Power Switch is brought to you by the journalists behind E&E News and POLITICO Energy. Send your tips, comments, questions to askibell@eenews.net.   A message from Southern Environmental Law Center: The Okefenokee Swamp is one of the South’s greatest natural wonders. But right now, a reckless mining project threatens its environment and the wildlife that depend on it. The Biden administration can take action to permanently protect the Okefenokee for future generations — add your voice now.    Listen to today’s POLITICO Energy podcast Today in POLITICO Energy’s podcast: Alex Guillén further breaks down the stakes of this new case and how the Supreme Court has scrutinized the federal government’s environmental authority in recent years.   A message from Southern Environmental Law Center:   Power Centers The Supreme Court will likely rule this week on a key doctrine granting deference to regulators and the government's policy experts. | J. Scott Applewhite/AP Waiting for SCOTUS As the Supreme Court approaches the final opinion release dates of its term, environmental and administrative lawyers are waiting to learn the fate of a legal doctrine that federal agencies have used to defend themselves since the Reagan administration. Pamela King breaks down five things to know about the Chevron doctrine and the consequences of its potential demise. California energy is ready to rock An advanced geothermal developer announced it has signed a deal with one of California’s largest utilities, writes Benjamin Storrow. The agreement marks a significant step in the state's efforts to achieve 90 percent carbon-free power by 2035 — propelling a clean energy technology that can produce electricity around the clock and supplement dips in wind and solar generation. Denmark sets carbon tax on agriculture After five months of negotiations between farming and conservation groups, the Danish government will introduce Europe’s first carbon tax on agriculture, writes Alessandro Ford. It’s an “agreement which will form the basis for a historic reorganization and restructuring of Denmark’s land and food production,” Economy Minister Stephanie Lose wrote on social platform X. In Other News Not overly easy to answer: It’s hot. But is it hot enough to fry an egg on the sidewalk? Clean energy jobs boom: 313,000 new ones and counting.   THE GOLD STANDARD OF DEFENSE POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries, like defense, equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists. Our newsroom is deeper, more experienced, and better sourced than any other. 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Federal investigators said freight giant Norfolk Southern withheld information from local fire officials as they scrambled to respond to last year's derailment in East Palestine, Ohio. The U.K.'s Labour party said it will deliver more than £7 billion in climate aid to developing countries over the next three years if it wins the general election. That's it for today, folks! Thanks for reading.   JOIN US ON 6/26 FOR A TALK ON AMERICA’S SUPPLY CHAIN: From the energy grid to defense factories, America’s critical sites and services are a national priority. Keeping them up and running means staying ahead of the threat and protecting the supply chains that feed into them. POLITICO will convene U.S. leaders from agencies, Congress and the industry on June 26 to discuss the latest challenges and solutions for protecting the supply lines into America’s critical infrastructure. REGISTER HERE.       A message from Southern Environmental Law Center: The Okefenokee Swamp is one of the most pristine, ecologically intact places in America. It should stay that way. Strip mines don’t belong anywhere near this natural treasure. Tell President Biden to step in and protect the Okefenokee.     Follow us on Twitter Arianna Skibell @ariannaskibell   Follow us

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