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Supreme Court watchlist: Agency power, air rules, water rights

February 12, 2024

… In a pair of cases argued in January — Loper Bright v. Raimondo and Relentless v. Commerce — the justices seemed receptive to conservative lawyers’ arguments to at least limit the Chevron doctrine, a legal theory established in a 1984 Supreme Court case that gives agencies like EPA leeway to interpret ambiguous statutes like the Clean Air Act…

“When litigating against the United States, no one should face a judge who is forced to defer to the government’s interpretation of the law,” said Mark Chenoweth, president and general counsel for the New Civil Liberties Alliance and one of the lawyers representing the Relentless challengers…


Originally Published in E&E News