Now that the Chevron doctrine is dead, some environmental advocates and legal experts are deriving hope about what lies ahead from an unusual place: Old opinions penned by the late conservative Justice Antonin Scalia.
The Supreme Court’s late June move to quash the doctrine — which gave agencies leeway in their rulemaking — was widely interpreted as a blow to government agencies, including environmental regulators.
But some attorneys say it’s not entirely clear whether the ruling will ultimately lead to weaker environmental regulations. And they point to opinions from Scalia as evidence that conservative justices might be willing to lean toward rules that are protective of the environment in instances where that’s clearly the intent of the law.
“The loss of Chevron deference may even turn out to be a positive,” said Brett Hartl, government affairs director at the Center for Biological Diversity. “No one knows how it’s going to play out for sure. I’m not going to just throw in the towel tomorrow.”
