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The conservative justices of the Supreme Court of the United States must be breathing easier with news media consumed with the 2024 election rather than decisions rendered at the end of the 2023-24 term: Bump stocks are fashion accessories for assault rifles, bribes paid to public officials are allowed if paid after the “favor,” presidents are above the law and judges are better positioned to determine rules and regulations governing the environment, public health, personal safety, finance, etc. These pesky regulations prevent business interests from maximizing profit.
Overturning Chevron deference, which federal courts used for four decades to defer to agencies’ reasonable interpretations of federal laws, is very consequential. Lawyers for businesses, government agencies and nongovernmental organizations (NGOs such as Sierra Club, Natural Resources Defense Council, etc.) are preparing for challenges to regulations, getting ready for the new Supreme Court term in October. The challenges will first be heard in lower courts before heading to the high court as the final arbiter.
In Minnesota, watch for challenges to the Twin Metals and PolyMet permit delays, water quality standards for PFOA/PFOS limits and remediation, oil pipeline permits, air quality standards for automobiles, industrial operations and power plants.
Removing experts with the education and training from the process of setting standards will be disastrous for our health and the environment. Clean air, safe water, access to public lands and consumer protections for products and financial institutions will be in the past. Companies do not have a track record of “doing the right thing” and Mother Earth can no longer recover.
Autumn 2024 will be “wild” with the presidential election and rolling back multiple regulations. Buckle up!
Michael Bennett, Eden Prairie