The U.S. Supreme Court’s ruling Friday that overturned the landmark “Chevron doctrine” may give Wyoming an advantage when mounting court challenges for and against federal regulations and actions on issues ranging from wildlife and land management to energy development and industrial emissions.
Gov. Mark Gordon and Wyoming’s congressional delegation have hailed the ruling as a clear legal advantage in fighting federal agency actions they don’t like. But the ruling doesn’t necessarily hand Wyoming — or anybody else who sues federal agencies — a clear path to victory in court, according to several Wyoming and out-of-state observers.
Wyoming has much at stake. Forty-eight percent of the land and 68% of the mineral estate are managed by the federal government and the Equality State has many active grievances against federal agencies now active in the courts. Since 2019, Gordon’s administration has initiated or participated in at least 57 lawsuits either challenging federal natural resources policies, or defending federal positions from litigation brought by public health and conservation groups, according to a list of lawsuits his office provided to WyoFile.
The Chevron doctrine
The Chevron doctrine, established by a 1984 Supreme Court ruling, instructed lower courts to defer to the expertise within agencies like the Bureau of Land Management, Environmental Protection Agency and U.S. Fish and Wildlife Service in their interpretation of carrying out laws passed by Congress. Those laws — like the Endangered Species Act and Clean Air Act — frequently do not reach into the weeds on scientific matters such as what qualifies as critical habitat or measuring ambient air quality, for example…