Category: State Talk

 

This year, the Supreme Court is set to hear two major cases over fishing rules that could impact the federal government’s broader ability to interpret and implement regulations in Loper Bright Enterprises v. Raimondo and Securities and Exchange Commission (SEC) v. Jarkesy. Depending on whether the Court decides to restrict the executive powers of federal agencies in these cases, we may see greater calls for state action in 2024 and beyond on issues relating to the energy transition and climate change.

At stake in both cases is the fate of the so-called “Chevron deference” doctrine—first articulated in the landmark 1984 decision of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. and cited in thousands of cases since its first issuance. The doctrine, which stipulates that courts should defer to reasonable federal agency interpretations of ambiguous laws, has served as a linchpin in administrative law and has set the terms governing the relationship between regulatory bodies and the judiciary. In essence, the doctrine prioritizes federal agencies’ technical expertise and experience when questions of interpretation present challenges to federal regulations, their implementation and their enforcement.

Now, nearly four decades years after its issuance, the Chevron doctrine is being challenged in Loper against the backdrop of the fishing industry’s opposition in Rhode Island and New Jersey to a regulation introduced in 2020 by the National Marine Fisheries Service. Relying on a present interpretation of a 1976 maritime law, the regulation requires industry vessels to carry and pay the salaries of overfishing monitors. A companion case, Relentless Inc. v. Department of Commerce, similarly originates from disputes over fishing regulations. In both cases, the Court’s rulings on the constitutionality of this now decades-old precedent will therefore have wide-reaching effects. As Solicitor General Elizabeth B. Prelogar stated in her amicus brief to the Court, “Overruling Chevron would be a convulsive shock to the legal system.”

What could these rulings mean for states? Where environmental regulations are concerned, the Court’s decision could, for instance, dramatically rein in the Federal Energy Regulatory Commission (FERC) as the nation’s chief regulator of electricity and natural gas transmission, placing a greater regulatory onus on states. By affecting FERC’s ability to use precedent to act decisively on climate change, these rulings could shift power from federal agencies to Congress and the courts. Crucially, they could also alter the balance of power between federal and state regulators in determining the cost of new fossil fuel infrastructure as global temperatures rise.

In a securities case, Jarkesy, the Supreme Court may hinder FERC—along with other federal regulators—from enforcing its own rules as it reviews the SEC’s authority to use in-house judges to handle regulatory enforcement proceedings. Depending on how the Court rules, the decision’s impacts could reverberate through FERC, the EPA, and other federal agencies that rely on in-house courts to adjudicate matters related to implementing and enforcing environmental regulations.

With federal regulators’ power to regulate emissions under threat, it may become more necessary than ever in 2024 for state governments to collaborate on regional solutions to climate change, environmental stressors, and the energy transition.

The Court’s rulings are expected sometime this summer.

Former New Hampshire State Representative Suzanne Smith passed away over the weekend.

Suzanne served in the New Hampshire legislature from 2008 until her retirement in 2022, including on the Environment and Agriculture Committee, and was a long-time member of the CSG East Agriculture and Rural Affairs Committee.

“She was an avid hiker and birder, and her love of nature was what drove her to sponsor many bills that helped to protect NH natural resources,” said Tara Sad and Bob Haefner, who both served in the New Hampshire legislature alongside Suzanne before joining CSG East.

“We had fun traveling with her to many CSG East and SARL meetings over the years and got to know her as a friend as well as a colleague,” said Sad. “She was a wonderful person and will be sorely missed.”

News of Suzanne’s passing was also reported by Paula Tracy at InDepthNH.org:

“Our amazing Suzanne—conservationist, birder, hiker, wildlife tracker, reader, scuba diver, singer, NH House representative, local library volunteer, and a friend to all, passed away peacefully yesterday afternoon,” [former state Rep. Joyce Weston] wrote to friends. “She was surrounded by her daughters and close friends.”

[…]

Smith was sponsor of bills on OHRV use, definitions for “wake” boats, greenhouse gas emissions legislation, composting, rail trail management, rural access to broadband and sponsored a bill in support of the Lakes Region Mutual Fire Aid which is being forced to move from the former Laconia State School property due to its pending sale.

Born in Green Bay, Wisc., in 1948, she was a copy editor and broadcaster and owned a natural food store from 1977 to 1998.

She was treasurer of the New Hampshire Audubon Pemi-Baker Chapter from 2008.

Smith was certified by the Council for Homeopathic Certification in 2002 and served as assistant editor/copy editor for the American Homeopathic Journal.

Suzanne was also a graduate of the CSG East Eastern Leadership Academy, class of 2013, and was active on the regional Energy and Environment committee. She was a frequent attendee at the Annual Meeting and will be sorely missed by CSG East members and staff alike.

Details of memorial or funeral services had not yet been shared as of Tuesday morning.