U.S. Supreme Court’s Chevron Ruling Threatens Water Quality Protection, Environmental Lawyers Warn

The recent decision by the U.S. Supreme Court to overturn the Chevron deference has environmental lawyers and advocates concerned about the potential impact on water quality protection efforts. The ruling, which removes federal agencies’ interpretive authority, could have significant consequences for states like Wisconsin, already facing water contamination issues.

In the case of Loper Bright Enterprises v. Raimondo, the Court eliminated a 40-year-old precedent that required judges to defer to federal agencies’ expertise when interpreting ambiguous statutes. This means that courts will now have the final say on highly technical matters, including environmental regulations.

In Wisconsin, where efforts to address PFAS contamination have been ongoing, the ruling adds another layer of complexity to an already challenging situation. Tony Wilkin Gibart, executive director of Midwest Environmental Advocates, highlighted the potential delays in implementing regulations to the Wisconsin Examiner.

The decision could also impact ongoing legal challenges, such as the lawsuit by Wisconsin Manufacturers and Commerce to prevent the state’s Department of Natural Resources from applying spills law to PFAS. The end of Chevron deference at the federal level may influence how such cases are decided.

Advocates are calling for efforts to strengthen regulatory authority at both federal and state levels to protect public health and the environment. The stakes are high, and the need to defend and rebuild regulatory power is crucial in the face of these legal changes.