Photo by Holly Mandarich, @holly.mandarich

(7/30/2024)

Supreme Court Upends the Legal Landscape

For starters, you probably heard that the Supreme Court overturned Chevron but might be wondering what this means for our work. In short, the Chevron Doctrine was a longstanding legal principle that essentially said courts should defer to agency experts when ruling on cases involving administrative actions. This meant that courts would trust the expertise of government agencies when interpreting ambiguous laws related to their field. In a pair of new rulings, Loper Bright and Relentless, Inc., the Supreme Court has reversed course and now says that judges should interpret ambiguous statutory language.

This means that when we, or another organization, challenge an agency action, the Court will no longer defer to the agency (and its biologists, hydrologists, and other specialists) on issues such as whether a travel plan minimizes impacts to wildlife or whether a logging project needs to be structured a certain way to achieve its objectives.

This will be a mixed bag for us. When we are intervening to defend an agency action, generally Chevron has been helpful. But when challenging agency actions, Chevron has often led the Courts to side with the agency. It will take time to see how this plays out. There are many other tools in the legal toolbox, and this decision does not hamstring our ability to pursue legal actions.

For more on the overturning of Chevron, check out this explainer from EarthJustice.

Another Supreme Court case that received less attention but may be equally consequential for our work is the Corner Post decision. This effectively upends the statute of limitations (the time period within which legal action can be taken)– previously 6 years from an agency action – to be indefinite. Under Corner Post, the statute of limitations is now 6 years from when a plaintiff claim injury from the agency action.

This opens many long-decided regulations (like the Travel Management Rule, which manages off-road vehicle use on public lands) and decisions (like long-standing travel plans) to potential challenge from groups that possibly did not even exist at the time the regulation was finalized or decision was made.

Here is another helpful explainer from our friends at EarthJustice on how this Supreme Court decision on Corner Post jeopardizes environmental protections.

Project 2025 and Public Lands

You may have also heard about Project 2025, a policy platform crafted by an assortment of conservative D.C. think tanks. Although it is important to note that no Presidential candidates have endorsed Project 2025, the platform is clearly aimed at a second Trump administration.

High Country News recently published an article digging into what it would specifically mean for public lands and the agencies who manage them. It is a helpful read for those interested in public lands who do not want to review the entire 920-page document. Click here to read the High Country News article.

If Project 2025 were to be implemented, it would feel a lot like groundhog day for us. Achievements we have celebrated over the past 4 years (protecting the Tongass National Forest, stopping the Ambler Road project, saving NEPA – the National Environmental Policy Act, which requires environmental reviews of federal projects – and various national monuments, to name a few) would be up for discussion again. We would also once more be navigating the extremely difficult policy landscape of 2017-2021.

The good news is that we have been through this before and we are prepared for another round if need be. No matter who is President in 2025, our strong network of advocates will always be critical to protecting America’s wild snowscapes.

National Environmental Policy Act (NEPA)

On July 22, Senator Manchin (Independent, WV) introduced a last-ditch attempt to address permitting reform before he retires from Congress. The Energy Permitting Reform Act seeks to advance the transition to renewable energy but also includes many measures to benefit the fossil fuel industry. On the whole, the bill tilts more in favor of fossil fuels than renewables.

The bill also includes a number of provisions that would weaken environmental reviews under NEPA and sets a 150-day statute of limitations for court challenges on permitting decisions.

If you are feeling like it has been extra hot lately, you are not off base. July 22 was the hottest day ever recorded on Earth. Time is ticking on whether we will be able to pull out of a complete climate catastrophe. The last thing we need to be doing is making it easier to develop fossil fuels.

And Finally, Some Good News!

It is not all doom and gloom in the policy world. We are excited by Senator Padilla’s RESERVE Act, which would explore how well public land reservation systems are working in order to improve transparency and equity in these systems. The bill directs a study of reservation systems, including campsites, hiking permits, climbing passes, river permits, and more. Reservation systems can be helpful for managing popular sites, but there is a strong need to review and improve the current system. Read more about this bill on the Outdoor Alliance blog, here.