Great Lakes Environmental Law Center’s Post

We are now living in an “administrative state” #administrativestate #cleanenergy is under attack. We will continue to see fossil fuels make their return. Rates of #pollution and #asthma will rise, #climateaction will be limited. Excerpt from the article: In 2021, for example, the court revived the so-called major questions doctrine, which made it so courts will not automatically assume agencies can definitively rule on important issues, unless Congress has explicitly said so. In 2022, the court used this doctrine to invalidate an Environmental Protection Agency ruling requiring coal-fired plants to adopt cleaner technology. https://lnkd.in/edQGE2rq

Attached are some additional thoughts on the recent SCOTUS decision overturning the Chevron doctrine as that decision applies to matters at FERC.

The second last paragraph is the most interesting for me as this is the principle that is used in Queensland being 'so far as is reasonably practicable' as opposed to just 'as low as reasonably practicable'. Our legal system has moved to measuring whether or not the economics to do something is economically reasonable. Some companies like maintaining and using old equipment but this comes with the risk of not having sufficient safeguarding to meet the societal expectations. I think the message is either update with suitable guarding or buy new equipment that already has the guarding. If it economically reasonable to add new guarding to protect life then society considers it a good investment.

🎉 Exciting News from The Zoghlin Group, PLLC 🎉 We are thrilled to announce the launch of our brand-new website! 🌐✨ Visit us at https://lnkd.in/eEcJkRQy to explore a fresh, modern design that reflects our commitment to excellence and individualized service. Our new website is designed with YOU in mind: 📱 User-friendly experience across all devices 🔍 Easy navigation to help you find the information you need quickly 📚 Rich resources and insights into our legal services and practice areas For questions about environmental, land use, zoning, cannabis, energy, or municipal law, contact Mindy Zoghlin, Jacob H. Zoghlin, or Ryan Ockenden, at The Zoghlin Group, PLLC Together, we help communities thrive, grow businesses the right way, and support healthy development. #TheZoghlinGroup #NewWebsite #LawFirmWebsite #InnovationInLaw #EnvironmentalLaw #LandUseLaw #MunicipalLaw #WebsiteLaunch Julie W. Monroe County Bar Association New York State Bar Association #cannabislaw #energylaw DISCLAIMER: This blog is made available by the lawyer/law firm for educational purposes only. Except as expressly provided to the contrary in a signed writing, all materials provided on this website, including these blogs, are provided on an “as-is” basis without warranties of any kind, either express or implied. It provides only general information and commentary on the law and/or legal issues in the news. Nothing herein provides specific legal advice. These contents may further constitute Attorney Advertising. By using this website, you understand, acknowledge, and agree that there is no attorney client relationship between you and the blog, lawyer, or law firm. The blog posts should not be used as a substitute for legal advice from a licensed professional attorney in your state.

Via Utility Dive: " Supreme Court overturns Chevron doctrine, limiting federal agency reach: Federal courts will no longer have to defer to agency regulations for interpretation of ambiguous statutes. " #Energy #Utility #Utilities

#Climate #lawsuits can also build on the decades of #environmental lawsuits and laws protecting the public. The most famous were Japan's Minamata and our "Erin Brocovich". FYI, in the late 1970s, I prepared EIS and EIR studies for all types of major #energy projects.

Big victory in Montana! Judge: -"Plaintiffs have a fundamental constitutional right to a clean and healthful environment, which includes climate as part of the environmental life-support system." Montana violated this right. - Fossil fuel-promoting laws are unconstitutional and may not be implemented - "Montana's GHG emissions and climate change have been proven to be a substantial factor in causing climate impacts to Montana's environment and harm and injury to the Youth Plaintiffs." - "Undisputed testimony established clean renewable energy technically feasible+economically beneficial in Montana" - "Non-fossil fuel-based energy systems across all sectors, including electricity, transport, heating/cooling, and industry, are currently economically feasible & technologically available to employ in Montana" “Today, for the first time in U.S. history, a court ruled on the merits of a case that the government violated the constitutional rights of children through laws and actions that promote fossil fuels, ignore climate change, and disproportionately imperil young people,” said Julia Olson, Chief Legal Counsel and Executive Director with Our Children's Trust’s Decision https://lnkd.in/gWD2Jg4F Summary https://lnkd.in/gR2DzSHP

"The executive Power shall be vested in a President of the United States of America." - United States Constitution, Article 2, Section 1, Clause 1. This holiday season, The Zoghlin Group, PLLC wishes our colleagues, clients, and friends a restful and relaxing Presidents' Day Week! If we can be of assistance, or be a resource, please feel free to contact our office or one of our attorneys, including Mindy Zoghlin, Ryan Ockenden, or Jacob H. Zoghlin. We look forward to speaking with you! https://lnkd.in/eUpvjrAX #PresidentsDay2024 #PresidentsDay #President #Law #Constitution #ExecutivePower DISCLAIMER: This blog is made available by the lawyer/law firm for educational purposes only. Except as expressly provided to the contrary in a signed writing, all materials provided on this website, including these blogs, are provided on an “as-is” basis without warranties of any kind, either express or implied. It provides only general information and commentary on the law and/or legal issues in the news. Nothing herein provides specific legal advice. These contents may further constitute Attorney Advertising. By using this website you understand, acknowledge, and agree that there is no attorney client relationship between you and the blog, lawyer, or law firm. The blog posts should not be used as a substitute for legal advice from a licensed professional attorney in your state.

https://lnkd.in/eCKbg9w5 SCOTUS has overturned the Chevron Doctrine, which has been a pivotal principle guiding judicial review of administrative agency interpretations of statutes. This marks a significant shift in administrative law in the US, limiting the deference traditionally afforded to agencies. With this decision, one may expect increased judicial scrutiny of agency actions, requiring more explicit congressional authorization for agency regulations. This will impact the way regulatory bodies, legal practitioners, and industries must navigate administrative law in the United States with this heightened judicial oversight. #AdministrativeLaw #Regulations