Lynne Stevens
Let’s talk about Chevron!
No, it’s not a gas station – but a court case that will directly affect your life likely for decades: Chevron USA Inc. vs. Natural Resources Defense Counsel Inc.
In recent years, I tried to warn anyone who will listen how dangerous this Supreme Court is and why.
Prior to Chevron, courts gave “deference” to agencies and their experts in the fields in which they work. If Congress was unclear in writing an agency rule – and the agency was challenged in court agency – experts interpreted the rule based on its expertise and the public interest.
Decades of prior court decisions relied on “deference” to experts in the agencies involved in a dispute. Prior thinking was that experts in often highly-technical fields are in a better position to determine Congress intent of a rule and the effect on the public than non-expert judges.
Recently, this came in full view when an erroneous court decision had to be rescinded and corrected because Justice Gorsuch confused a pollutant which was the subject of a lawsuit with nitrous oxide which is dental laughing gas (Ohio vs. Environmental Protection Agency).
The Supreme Court has decided in Chevron that federal judges are better able to decide cases than lifelong scientists, researchers and experts. Judges no longer give deference to the expert quality of agency testimony. Big corporations have long railed against federal agencies who have had the effect to rein them in on many issues, such as air and water pollution, climate change, auto recalls, food and worker safety, restricting agricultural chemicals and a host of others.
Chevron changed all this. Highly-profitable corporations are dancing the jig and popping the champagne.
What is the perceived result, now that the deference to agency experts is gone? Highly-paid corporate lawyers will face off against budget-stretched protection agencies with their new advantage, in hopes to overturn regulations they don’t like. The profit motive versus the public good. Fines and moratoriums may be lifted until a court can rule and if public safety is on the line, we can only hope the judge can move things along.
The Supreme Court overturned nearly 40 years of legal precedent and thousands of legal rulings based on the deference principle. It seems scary that huge decisions that involve our health, well being, environment and the food we eat will no longer give priority (deference) to dedicated scientists who are experts in their respective fields.
The public should be worried. This court is no longer refuge for the legally disadvantaged. In a Walmart case, the court dismissed a class-action claim of 1.5 million women because their stories were not similar enough to qualify for class action.
Based on their rulings, the Supreme Court clearly favors corporate interests. What do you think your chances are in an agency fight to keep your well water from being poisoned by a corporate polluter?
Being un-informed about those we vote for has big consequences down the line to us.
Lynne Stevens writes a bi-weekly column for The Graham Star. She can be reached via email, geminga@mailfence.com.