Supreme Court may overturn precedent governing climate regulations

The doctrine, named for a 1984 court case involving Environmental Protection Agency air pollution rules, has been high on the agenda of right-wing groups for years. It holds that when the meaning of a law is disputed, the federal agency’s interpretation should be given deference as long as it is reasonable. Environmental groups fear that overturning the precedent will make it easier for courts to block new pollution regulations, especially those addressing climate change.

The cases heard on Wednesday, Loper Bright Enterprises v. Raimondo, and Relentless, Inc. v. Department of Commerce, take on rules put into place in 2020 that require industry-funded federal observers aboard vessels in the northern Atlantic fishing for herring.

The small school fish are key to the northern Atlantic’s food web and fishing economy. The federal rules to monitor and prevent overfishing of Atlantic herring have been bolstered in recent years, in part to address the strain on the fishery due to warming waters.

Paul Clement, a titan among conservative appellate litigators, and lawyers from the Cause of Action Institute, one of the nonprofit groups in the large libertarian advocacy network built by petrochemical billionaire Charles Koch, portrayed the fight over the Chevron doctrine in this case as a David vs. Goliath battle.

“This case well illustrates the real-world costs of Chevron, which do not fall exclusively on the Chevrons of the world, but injure small businesses and individuals,” Clement told the court. “For my clients, having to carry federal observers on board is a burden, but having to pay their salaries is a crippling blow.”