Regulation

Federal Chevron deference is dead. On June 28, 2024, in a 6-3 vote, the Supreme Court overturned the 40-year-old legal tenet that when a federal statute is silent or ambiguous about a particular regulatory issue, courts should defer to the implementing agency’s reasonable interpretation of the law. The reversal came in a ruling on two fishery regulation cases, Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce. This decision means that federal courts will have the final say on what an ambiguous federal statute means. What’s not clear is whether most courts will still listen to expert federal agencies in determining which interpretations make the most sense. While courts and judges will vary, as a scholar in environmental law, I expect that the demise of Chevron deference will make it easier for federal judges to focus on the exact meaning of Congress’ individual words, rather than on Congress’ goals or the real-life wor...

Fishermen across the Gulf of Mexico are reporting that something is eating fish off their lines. What’s to blame? Many recreational anglers point a finger at sharks. This conflict has caught politicians’ attention. Congress has directed the National Oceanic and Atmospheric Administration, which regulates fishing in U.S. waters, to review shark and dolphin interactions with fisheries, and the U.S. House of Representatives recently passed the SHARKED Act, which would create a task force to address the problem. I’ve studied this conflict, which is formally called depredation, for the past decade. While some shark populations in the Gulf of Mexico, such as bull sharks, are increasing, my colleagues and I have found evidence that human perceptions are also an important factor. A Gulf angler races to land a fish before sharks take it. Sharky waters The Gulf of Mexico is home to more than 70 species of sharks – and those...

Wetlands aren’t the most eye-catching ecosystems. They include swamps, bogs, fens and other places where soil is covered by water most of the time. But they perform a huge range of valuable services, from soaking up floodwaters to filtering out pollutants and providing habitat for thousands of species of mammals, fish, reptiles, insects and birds. In a high-profile 2023 ruling, Sackett v. Environmental Protection Agency, the U.S. Supreme Court greatly limited federal power to protect wetlands. According to one estimate, this ruling stripped federal protection from up to 90 million acres of wetlands across the U.S. Today, the U.S. is losing wetlands, mainly to development and agriculture, at an accelerating rate. With Congress polarized and gridlocked, new federal wetland protection laws are unlikely to be enacted in the next several years. Some states have stepped up to fill the gap, but others have instead chosen to roll back their existing protections. This comes despit...

As spring phases into summer across the U.S., kids are spending more time outdoors. Playing outside is healthy in all kinds of ways, but it also poses some risks. One that many families may not be aware of is exposure to lead in soil, which is still a serious problem, mainly in cities. Children can be exposed to lead by swallowing or inhaling soil while they are playing. Young children often put their hands in their mouths and may have dirt on their hands. Kids and pets also can track lead dust from soil indoors. And anyone who eats fruit or vegetables grown in contaminated soil can ingest lead. Early in 2024, the U.S. Environmental Protection Agency lowered the screening level for lead in residential soils from 400 parts per million – a standard that was more than 30 years old – to 200 parts per million. This more protective lower number reflects current understanding of soil as a significance source of lead exposure for children. EPA officials said that at homes...

Recent reports that the H5N1 avian flu virus has been found in cow’s milk have raised questions about whether the U.S. milk supply is safe to drink. According to the federal Food and Drug Administration, the answer is yes, as long as the milk is pasteurized. Nonetheless, raw (unpasteurized) milk sales are up, despite health experts’ warning that raw milk could contain high levels of the virus, along with many other pathogens. As an extension food scientist in a state where raw milk sales are legal, I provide technical support to help processors produce high-quality, safe dairy foods. I also like to help people understand the confusing world of pasteurization methods on their milk labels, and why experts strongly discourage consuming raw milk and products made from it. What can make milk unsafe Dairy products, like many foods, have inherent risks that can cause a variety of illnesses and even death. Our milk comes from animals that graze outdoors and live in bar...

Electric power generation in the U.S. is shifting rapidly away from fossil fuels toward cleaner and lower-carbon sources. State clean energy targets and dramatic declines in the cost of renewable electricity are the most important reasons. But fossil fuel plants still generate 60% of the U.S. electricity supply, producing air, water and land pollutants and greenhouse gases in the process. To reduce these impacts, the Environmental Protection Agency announced a suite of rules on April 25, 2024. They focus mainly on coal plants, the nation’s most-polluting electricity source. As an environmental lawyer who has been in practice since the early 1970s, I believe these curbs on power plant pollution are long overdue. The new rules close loopholes in existing laws that have allowed coal-fired power plants to pollute the nation’s air and water for decades. And they require utilities to drastically slash these plants’ greenhouse gas emissions or close them down. Oppon...

Did you receive a mail-order package this week? Carriers in the U.S. shipped 64 packages for every American in 2022, so it’s quite possible. That commerce reflects the expansion of large-scale retail in recent decades, especially big-box chains like Walmart, Target, Best Buy and Home Depot that sell goods both in stores and online. This has led to the growth of distribution centers that fulfill these orders. While mail-order commerce is convenient, these centers also have harmful impacts, including traffic congestion and air and water pollution. I study environmental history, and I am part of a group of scholars examining the environmental impacts of big-box stores like Walmart, Target, REI and Bass Pro Shops. Sustainability is a hot topic in the retail sector, but my research on the history of Target – the sixth-largest retailer in the U.S. – shows how retail companies have largely escaped the kinds of environmental regulations that affect other sectors such...