regulation
Texas’ new appellate court raises concerns for environmentalists
Texas Governor Greg Abbott's recent creation of the 15th Court of Appeals, a body seen as favorable to business interests, has sparked fears among environmental advocates who believe it undermines regulatory oversight.
Jim Morris, Leah Clark and Manuela Silva report for Public Health Watch.
In short:
- The new court, established by the Texas Legislature, will hear civil cases involving the state and significant business disputes.
- Environmentalists worry the court will bypass the more progressive 3rd Court of Appeals, which has historically been more sympathetic to environmental concerns.
- High-stakes cases, including those involving major pollution permits, will now be handled by the new court, potentially weakening environmental protections.
Key quote:
“This is a way for Texas to create a very conservative court that I suspect the governor believes will be less friendly to environmental interests and probably very friendly to business.”
— Ilan Levin, senior counsel, Environmental Integrity Project.
Why this matters:
Critics argue that this move undermines judicial impartiality, potentially leading to laxer enforcement of environmental protections and health regulations. Read more: Texas has more chemical emergencies than any other state and they’re disproportionately affecting Latino communities.
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Chevron deference may face changes but not complete repeal by the Supreme Court
The Supreme Court is poised to decide on the future of Chevron deference, a key doctrine for federal agencies, with potential significant changes expected instead of a full repeal.
In short:
- The Supreme Court is reviewing Chevron deference, a 40-year-old legal principle allowing federal agencies to interpret unclear laws.
- Justices may choose to limit the doctrine rather than overturn it, potentially setting new precedents for lower courts.
- Legal experts predict significant impacts on future regulatory cases if the doctrine is weakened.
Key quote:
“We cannot expect—and agencies working on rules now cannot expect—courts to defer to them in the future in the way that they deferred under Chevron.”
— Lisa Heinzerling, Georgetown University law professor
Why this matters:
Changes to Chevron deference could restrict the ability of federal agencies like the EPA to enforce regulations, impacting health and environmental policies nationwide. Read more: Supreme Court undoing 50 years’ worth of environmental progress.
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Top Story
Industries lobby Supreme Court to limit government regulation
Various industries are urging the Supreme Court to restrict federal agencies' power to enforce regulations, potentially reshaping legal defenses for government rules.
In short:
- The Supreme Court seems open to arguments against the Chevron doctrine, which allows agencies like the U.S. Environmental Protection Agency to interpret ambiguous laws.
- Industries, including fossil fuels and vaping, support this change, seeing it as a way to reduce regulatory burdens.
- The shift could mark a continuation of the Supreme Court's trend towards favoring business interests over federal regulatory powers.
Key quote:
"Businesses cannot plan and invest for the future when agencies are free to unilaterally change the basic rules that govern them at any time."
— Andrew Varcoe, deputy chief counsel of the Chamber’s Litigation Center.
Why this matters:
This potential legal shift is significant for environmental and public health policy. Limiting agency powers could hinder the government's ability to effectively regulate industries, impacting everything from air quality to consumer safety.
The Supreme Court has taken a brazen anti-regulatory turn. It’s our planet and health that will suffer.
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Regulation has begun for hundreds of thousands of gas pipelines after decades of industry resistance
Inside Climate News reporter Craig R. McCoy writes that federal safety officials are finally starting to regulate a huge part of the nation’s pipeline system. Many are bigger, riskier "gathering lines" that transport gas from drilling sites.
In a nutshell:
The move is long overdue, according to Bill Caram, executive director of the Pipeline Safety Trust. These pipelines have largely escaped safety oversight and have become more significant and potentially hazardous with the expansion of fracking. The Biden administration's new rules require operators to report and test these pipelines, especially the larger ones, with a focus on curbing leaks, safety measures welcomed by environmental advocates.
Key quote:
Explosions on the lines, Caram told Inside Climate News, “have killed people and injured people and it’s high time these lines were regulated.”
The big picture:
These pipelines, often carrying unprocessed gas from drilling sites, have been a significant source of methane emissions, a potent contributor to global warming. Periodic explosions and accidents involving these pipelines have also posed immediate threats to the well-being of nearby communities. By imposing new safety measures and requiring operators to report and repair leaks, the government has taken a significant step in safeguarding public health and addressing the environmental impact of these major components of energy infrastructure.
Read the story at Inside Climate News.
Global context from EHN: There are 40,000 oil fields around the world with six million people living and working nearby, according to a 2019 study that found oil and gas development is associated with cancer, liver damage, immunodeficiency and neurological symptoms.
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The Biden administration has begun regulating 400,000 miles of gas ‘gathering lines.’ The industry isn’t happy
After decades of industry resistance, federal safety officials are finally starting to regulate a huge part of the nation’s pipeline system.
Colorado may be backing off lawn mower ban to fight ozone
A proposed ban on the sale of new gas-powered lawn equipment in the Denver metro area may be off the table after state health department staff recommended an alternate proposal that merely bars state and local government use of gas machines in summer months.
Laurel Peltier took on multi-million dollar private energy companies scamming Baltimore’s low-income households, one victim at a time
Policymakers hoped deregulated energy markets would lower utility bills through open competition. Energy advocates found the opposite: retail energy companies are fleecing low-income communities of color in cities like Baltimore.
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