US Congress

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...

A wet winter and spring followed by a hot, dry summer can be a dangerous combination in the Western U.S. The rain fuels bountiful vegetation growth, and when summer heat dries out that vegetation, it can leave grasses and shrubs ready to burn. Drier than normal conditions, like many regions are experiencing in 2024, also raises the fire risk. In years like this, controlled burns and prescribed fire treatments are crucial to help protect communities against wildfires. Well-staffed fire crews ready to respond to blazes are essential, too. The National Oceanic and Atmospheric Administration Climate Prediction Center’s long-range seasonal forecast for summer 2024. NOAA However, on Feb. 8, U.S. Forest Service Chief Randy Moore told agency employees to expect budget cuts from Congress in 2024. His letter was thin on details. However, taken at face value, budget cuts could be interpreted as a reductio...

The Supreme Court heard oral argument on Jan. 17, 2024, in two cases that center on fisheries management, but could have broad impacts on federal regulatory power. The question at the core of Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce is whether the Secretary of Commerce, acting through the National Marine Fisheries Service and following the Magnuson-Stevens Fishery Conservation and Management Act, can require commercial fishers to pay for onboard observers whom they are required to take on some fishing voyages. In both cases, the plaintiffs assert that the Commerce Department has exceeded its legal authority. That claim turns on how much deference the court should give the agency’s interpretation of the Magnuson-Stevens Act. The plaintiffs are challenging a nearly 40-year-old doctrine of federal administrative law, known as Chevron deference for the 1984 case in which it was set forth. This tenet provides that when a federal statu...

For the 20th time since 1933, Congress is writing a multiyear farm bill that will shape what kind of food U.S. farmers grow, how they raise it and how it gets to consumers. These measures are large, complex and expensive: The next farm bill is projected to cost taxpayers US$1.5 trillion over 10 years. Modern farm bills address many things besides food, from rural broadband access to biofuels and even help for small towns to buy police cars. These measures bring out a dizzying range of interest groups with diverse agendas. Umbrella organizations like the American Farm Bureau Federation and the National Farmers Union typically focus on farm subsidies and crop insurance. The National Sustainable Agriculture Coalition advocates for small farmers and ranchers. Industry-specific groups, such as cattlemen, fruit and vegetable growers and organic producers, all have their own interests. Environmental and conservation groups seek to influence policies that affect land use and sustaina...