Landmark Supreme Court ruling in Chevron case could curb environmental protections in California

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Closely watched decision is cheered by business groups, slammed by environmentalists

A drone view of the Chevron Richmond Refinery in Richmond, Calif., on Thursday, Dec. 14, 2023. A major ruling by the U.S. Supreme Court Friday that weakened the ability of federal agencies to set rules on the environment, drug safety, consumer protections and other areas could have impacts in California — from vehicle pollution standards to oil and gas drilling on public lands — even though California has its own state laws that are tougher than those in other states and the federal government.

That case is one of the most often cited cases in administrative law. Environmental groups, trial attorneys, unions and others have said it is critical because issues change faster than Congress can update laws, particularly in an era of partisan gridlock. Conservatives and industry said it gave too much power to bureaucracies.

“Climate change impacts wildfires in the state, and sea level rise,” he said. “Federal laws matter to California.” California attempted to pass tougher safety rules on trains, but after the rail industry sued, courts found that only the federal government and federal agencies could impose such rules so there aren’t 50 different sets for every state.

One key area that may be affected is California’s ability to set tougher tailpipe pollution laws for vehicles. The federal Clean Air Act allows that as long as the U.S. E.P.A. grants permission. Mary Nichols, a law professor at UCLA, and former head of California’s Air Resources Board, said there has been a long history of the E.P.A. granting that permission and that courts have generally supported it.

David Doniger, an attorney with the Natural Resources Defense Council who argued the original case in 1984, said Friday’s ruling will give broad new powers to courts, over scientists and others in government agencies.

 

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