In a legal spectacle with potential seismic shifts, the U.S. Supreme Court gears up for two watershed cases in 2024 that may reshape administrative law across industries. At the heart of Loper Bright v. Raimondo and Relentless v. U.S. Department of Commerce is a challenge to a National Marine Fisheries Service rule, but the real drama lies in attempts to overturn the landmark 1984 Chevron v. Natural Resources Defense Council decision. Ethan Shenkman of Arnold & Porter Kaye Scholer LLP suggests that even if Chevron deference is scaled back, the impact on environmental law might not be as dire as anticipated.
Biggest Environmental Cases In 2024 : Corner Post Unveils Administrative Procedure Act Challenge
The high court’s scrutiny extends to Corner Post v. Board of Governors of the Federal Reserve System, where a North Dakota convenience store challenges a 2011 Federal Reserve rule on debit card swipe fees. The pivotal question revolves around whether the six-year statute of limitations under the Administrative Procedure Act begins with an injury or federal regulation promulgation. A ruling favoring the plaintiff could expose a broad array of federal regulations to vulnerability.
EPA Faces Legal Crosswinds Over Pollution Reduction Plan
The Supreme Court dives into four linked disputes questioning the Environmental Protection Agency’s authority to implement a plan reducing cross-state pollution. The cases, including Loper Bright Enterprises v. Gina Raimondo and Relentless Inc. v. U.S. Department of Commerce, promise to keep legal minds and environmentalists alike on edge. The outcome may set the tone for the EPA’s ability to navigate legal challenges while striving for cleaner air.
Waters of the United States – Murky Legal Waters Persist
Following a tumultuous 2023, disputes over the definition of “waters of the United States” under the Clean Water Act continue into 2024. A new rule defining the term faces challenges from red states and industry groups, alleging government overreach. Courts in Texas and North Dakota have already enjoined the rule’s implementation in 26 states, with litigation ongoing. Neal McAliley of Carlton Fields PA emphasizes the significance of these challenges in shaping the Clean Water Act’s jurisdiction.
Biggest Environmental Cases In 2024 : Vehicle Emissions Battle Heats Up in Legal Arena
Legal scrutiny surrounds federal rules addressing vehicle emissions, with multiple cases challenging the EPA’s decisions. In a D.C. Circuit showdown, the EPA’s tightening of vehicle greenhouse gas emissions and its Clean Air Act waiver for California face intense scrutiny. Additional cases involve challenges to California’s zero-emission heavy trucks rule and EPA’s renewable fuel standards. The outcome of these cases may influence the future landscape of environmental regulations for the automotive industry.
PFAS Litigation Expands – McDonald’s and Coca-Cola in the Spotlight
Lawsuits involving per- and polyfluoroalkyl substances (PFAS) gain momentum, encompassing a range of products. McDonald’s faces accusations of misleading the public about cancer-causing “forever” chemicals in its food packaging, while Coca-Cola confronts a proposed class action alleging mislabeling of its tropical fruit juice. The expanding body of law around PFAS demonstrates the growing legal battleground over these substances.
